Legal Opinion

State ex rel. Scollard v. Board of Examiners for Nurses

Montana Supreme Court

Decided March 1, 1916No. 3,587PublishedCited by 14 opinions

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 of the CourtJustice Holloway

In December, 1913, Alise B. Scollard made application to the board of examiners for nurses to be recommended to the Governor for a license as a registered nurse, under Chapter 50, Laws of 1913. The application was refused, and proceedings in mandamus instituted. From a judgment awarding the peremptory writ and from an order denying them a new trial, the defendants appeal.

On Motion to Dismiss.

Appellants did not furnish any appeal bond, and the [1] respondent insists that the appeals should be dismissed. Section 7196, Revised Codes, relieves the state, a county, a municipal corporation, or any…

2Cases cited1 opinion

  1. Attorney-General Ex Rel. Adams v. McCaugheySupreme Court of Rhode Island · 1899

3Cited by14 opinions

  1. State v. StarkMontana Supreme Court · 1935
  2. State v. RathboneMontana Supreme Court · 1940
  3. State Ex Rel. County of Musselshell v. District CourtMontana Supreme Court · 1931
  4. State Ex Rel. Bowler v. Board of County CommissionersMontana Supreme Court · 1938
  5. State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927

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