State Ex Rel. Duncan v. Dean

The State Board of Medical Examiners revoked the license of defendant to practice in Oregon as a physician and surgeon, by reason of alleged unprofessional conduct. Defendant thereupon appealed to the Circuit Court and the cause was submitted to a jury which returned a verdict in favor of the defendant. Judgment was entered “in compliance and in conformity with said verdict” and the order of the State Board of Medical Examiners was reversed. Hence this appeal.

It is urged for the first time on appeal that the Circuit Court erroneously submitted to a jury for its determination the question as…