179 S.E. 809 | W. Va. | 1935
This proceeding involves the revocation of defendant's license to practice dentistry in this state by the Board of Dental Examiners, under Code,
This proceeding is, in effect, one in rem. State v.Richardson,
The record certified to us by the clerk of the circuit court contains no notice of any kind to the defendant. He contends that for lack of notice this proceeding is void ab initio. The Board has attempted to supplement the record here by a paper which its secretary certifies was inadvertently omitted from the record transmitted to the circuit court. We can treat the supplement only as a fugitive paper. We must judge the case on the record before the circuit court. However, that record does contain a recital that the hearing before the Board was had "at the time and place appointed in the notice." The recital does not show to whom, or the manner in which that notice was given. The statute under which the Board was proceeding requires that notice "of the time and place of hearing" be given defendant. The natural presumption arises that the notice referred to in the recital is the notice required by the statute. Since the members of the Board are public officers, the natural presumption is aided by a legal presumption of their performance of duty. State v. Clark,
The judgment is therefore reversed and the cause remanded.
Reversed and remanded.