Opinion

State Board of Medical Examiners v. Gese

  • 4 N.J. Misc. 373
  • 132 A. 926
  • 1926 N.J. Sup. Ct. LEXIS 241
Court
Supreme Court of New Jersey
Filed
Apr 23, 1926
Status
Published
Cited by
1 cases
Authority
More cited than 59.1%

The opinion

Per Curiam.

As to matters of procedure, this case is controlled by our recent decision in State Board v. Roche, 4 N. J. Adv. R. 417; 132 Atl. Rep. 86 , holding that certiorari, and not appeal, is the only proper mode of review. The appeal will therefore be dismissed, with costs.

In view of the fact that the cited decision was very recently promulgated, we have thought it advisable, notwithstanding the faulty practice, to look into the merits, and discover no meritorious ground of appeal. The matter of trial without jury has already been settled by our decisions (State Board v. Buettal, 131 Atl. Rep. 89 ), so, also, has the question raised as to the constitutionality of the act on which the suit .is based; the complaint we deem sufficient, and there was ample evidence that the appellant undertook, ostensibly at least, to diagnose and treat diseases by the general methods of the medical profession.

Let a rule of dismissal of the appeal be entered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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