State ex rel. Mayers v. Gray

Ohio Supreme Court
State ex rel. Mayers v. Gray, 4 Ohio Law. Abs. 182 (Ohio 1926)
Allen, Day, Kinkade, Marshall, Robinson

State ex rel. Mayers v. Gray

Opinion of the Court

ALLEN, J.

1. Under the provisions of Section 1295-31, General Code (110 O. L. 22) the State Board of Optometry in revoking a license for grossly unprofessional conduct, is performing an executive and not a judicial function.

2. The extraordinary wi’it of mandamus will not issue to compel the- State Board of Optometry to reinstate the license of an optometrist who has been notified of charges embodied in an affidavit, given an opportunity to make a statement and to produce witnesses in his own behalf, and has failed so to do.

Demurrer sustained.

Marshall, CJ., Day, Kinkade and Robinson, JJ., concur.

Reference

Full Case Name
The State ex rel, Joseph I. Mayers v. Stanley C. Gray, as the Ohio State Board of Optometry
Status
Published