35 P.2d 307 | Utah | 1934
In the above cause the judgment of the district court was reversed granting Moormeister injunctive relief restraining the department of registration from further proceeding in the cause to revoke his license to practice medicine and surgery. The judgment was reversed principally upon the ground that Moormeister by appeal had an adequate remedy at law.Moormeister v. Golding, Director of Registration Department
(Utah)
The only question presented on the rehearing was in the event the judgment of the district court granting injunctive relief be reversed, the remittitur sent down, the registration department permitted or authorized to further proceed in the case, and in the event the department revoked the license, whether Moormeister, because of the section of the Revised Statutes, had the right of appeal as ruled in the Baker Case and as outlined and held by this court in its prior opinion filed in the cause; the petitioner contending that if in such case it be held he had no such right, the judgment of the district court granting injunctive relief should be affirmed. On the rehearing, the state in effect conceded that, in such case of the license on further proceedings in the cause be revoked by the department, Moormeister had the right to appeal as ruled in the Baker case and as outlined and held in the original opinion filed by this court in this cause. In such particular the state for reasons stated in effect contended that the section of the Revised Statutes referred to had no application. In view of such concession it is unnecessary to construe the section nor to consider its application, from which it follows that our former ruling reversing the judgment of the court below be adhered to and reaffirmed, on the ground that if his license by further proceedings before the department be revoked, Moormeister by appeal has an adequate remedy at law and as outlined and held in our former opinion.
Such is the order. *347