State ex rel. Scollard v. Board of Examiners for Nurses
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Application by the State of Montana, on the relation of Alise B. Scollard, for writ of mandamus against the Board of Examiners for Nurses and the members thereof. From a judgment awarding a peremptory writ and an order denying a new trial, respondents appeal.
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Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Application by the State of Montana, on the relation of Alise B. Scollard, for writ of mandamus against the Board of Examiners for Nurses and the members thereof. From a judgment awarding a peremptory writ and an order denying a new trial, respondents appeal. In this proceeding the presumption of law is that the decision or judgment of the board was one of merit, that the board acted within its discretion and that the official duty has been regularly performed. (San Luis Obispo County v. Gage, 139 Cal. 398, 73 Pac. 174.)…
1Opinion
On the Merits.
It is set at rest in this state that no one has any right whatever to hold herself out or practice as a registered nurse, except upon such terms and conditions as the state may prescribe. (State ex rel. Marshall v. District Court, 50 Mont. 289, 146 Pac. 743.) Mrs. Scollard’s application to the board was accompanied [3] by affidavits of citizens that she is a person of good moral character, and it is the contention of her counsel that the board was compelled to accept such showing as conclusive, and that no trial or other investigation touching the question of her good or bad…
2Cases cited4 opinions
- State ex rel. Stuewe v. HindsonMontana Supreme Court · 1912
- State ex rel. Marshall v. District CourtMontana Supreme Court · 1915
- State ex rel. Finlen v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
- State ex rel. Bray v. SettlesMontana Supreme Court · 1906