State Ex Rel. Welsh v. State Medical Board
Cases that cite this one
8 later published cases cite this decision.
- State v. Wolf (Ohio Ct. App. 1991)
- State ex rel. Kirtz v. Corrigan (Ohio 1991)
- State ex rel. Kirtz v. Corrigan (Ohio Ct. App. 1990)
- State ex rel. Butler v. Demis (Ohio 1981)
- State ex rel. Bargar v. Gilligan (Ohio 1974)
- State ex rel. Pistillo v. City of Shaker Heights (Ohio 1971)
- Welsh v. Ohio State Medical Board (Ohio Ct. App. 1960)
- State Ex Rel. Stanley v. Cook (Ohio 1946)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Counsel for relator cite no statute requiring the State Medical Board to restore or reinstate a license which has been revoked. It is stated in the brief for relator: “The question then is this: Granted that the Legislature failed expressly to endow the medical board with the powers of restitution of license after revocation, has the board implied or cognate power to do so? We believe and respectfully submit that it has.”
The writ of mandamus will not issue to command performance of “implied or cognate power.” Section 12283, General Code, defines mandamus as “a writ issued * * * to * * * a * * * board* * * commanding the performance of an act which the law specially enjoins as a duty resulting from an office. * * *.” (Emphasis ours.)
We are asked to issue a writ of mandamus to command the performance of an act which is not specially enjoined by law upon the board. The writ will not issue for that purpose.
Writ denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.