State Ex Rel. Board of Medical Examiners v. Carroll

Stacy, O. J.

It is the contention of the State Board of Medical Examiners and the Commissioner of Public Welfare that this is neither a criminal prosecution nor a civil action in the common-law sense, but a special proceeding under 0. S., 6618, to revoke a physician’s license to practice medicine, and that, on appeal to the Superior Court, as allowed by the statute, the respondent is not entitled to a trial by jury. The appeal, therefore, presents for our decision solely a question of procedure, nothing more.

The alleged prematurity of the appeal is pretermitted, as the point raised has not…