HOUSMAN v. BOARD OF MEDICAL EXAMINERS (1948)

District Court of Appeal, First District, Division 1, California.

HOUSMAN v. BOARD OF MEDICAL EXAMINERS et al.

No. 13432.

Decided: April 10, 1948

Booth B. Goodman and Lionel Browne, both of San Francisco, for appellant. Fred N. Howser, Atty. Gen., and J. Albert Hutchinson, Deputy Atty. Gen., for respondent.

In appellant's Petition for a Rehearing it is contended that the transcript of the hearing by the Board of petitioner's application for reinstatement is not properly before this court. In respondents' Petition for a Rehearing and Petition for Augmentation of the Record Pursuant to Rules on Appeal, filed November 12, 1947, the respondents requested permission to file such transcript, and such permission was granted by the order of this court, dated November 26, 1947: ‘The petition to augment the record is granted.’ The reporter's transcript of the proceedings before the board is properly authenticated by the reporter. While this record does not bear the filing marks of either this court or the trial court, appellant, by expressly requesting in his Reply Brief to Respondents' Argument On Rehearing, filed January 9, 1948, that this court examine such record and pass upon the questions raised by him, which could only be determined by an examination thereof, has waived any informality in the presentation of the record to this court. Petition for a Rehearing is denied.

PER CURIAM.

Hearing denied; CARTER and SCHAUER, JJ., dissenting.

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