Legal Opinion

Sherburne v. Board of Dental Examiners

Idaho Supreme Court

Decided January 24, 1907PublishedCited by 2 opinions

APPEAL from' the District Court of the Third Judicial District for Ada County. Hon. Geo. H. Stewart, Judge. Respondents commenced an action to secure a writ of mandate to compel the board of dental examiners to register them and issue certificates to that effect, entitling them to practice dentistry within this state. From a judgment and order in favor of the applicants the board appealed.

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APPEAL from' the District Court of the Third Judicial District for Ada County. Hon. Geo. H. Stewart, Judge. Respondents commenced an action to secure a writ of mandate to compel the board of dental examiners to register them and issue certificates to that effect, entitling them to practice dentistry within this state. From a judgment and order in favor of the applicants the board appealed. It seems absurd and in violation of all ideas of law and justice that a man may gain any right by fraud or by making a false affidavit, or that a public board, whose duty it is to act under the law, does…

1Opinion of the CourtAilshie, C. J.

The respondents commenced this action in the district court to secure a writ of mandate compelling the dental board of examiners to register the respondents and issue to them certificates entitling them to practice dentistry within this state. The board answered the complaint and the plaintiffs demurred to the answer, and the demurrer was sustained and the peremptory writ was thereupon issued. This appeal is from the judgment and order. The application for registration was made under the provisions of the act of February 16, 1899 (Sess. Laws 1899, p. 387), entitled “An act to insure the…

2Cases cited4 opinions

  1. People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
  2. Williams v. Dental ExaminersTennessee Supreme Court · 1894
  3. State ex rel. Kirchgessner v. Board of HealthSupreme Court of New Jersey · 1891
  4. Evans v. State Board of HealthSupreme Court of Rhode Island · 1895

3Cited by2 opinions

  1. In Re Revocation of License of BermanSupreme Court of North Carolina · 1957
  2. Sanborn v. WeirSupreme Court of Vermont · 1921

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