Daggett v. State Board of Funeral Directors & Embalmers

SPENCE, J.

Plaintiff sought a peremptory writ of mandate to compel the defendants to restore his licenses as a funeral director and as an embalmer. The cause was tried in the superior court and a judgment was entered denying the writ-. Plaintiff appeals from said judgment.

[744]

Prior to the institution of this proceeding, plaintiff was tried before the defendant board on charges of unprofessional conduct as defined in section 15 of the Funeral Directors and Embalmers Law. (Act 2318, Deering’s General Laws, 1937.) He was found guilty by said board under counts 3 and 6 of the complaints filed against him. As a result his licenses as a funeral director and as an embaimer were suspended for sixty days on each of said counts and it was ordered that said periods of suspension should run concurrently.

Plaintiff then brought this proceeding. He alleged in his petition that the complaints filed before the defendant board did not allege sufficient facts and that the evidence before the defendant board was insufficient. The transcript of the proceedings before the defendant board was introduced by plaintiff on the trial. The cause was submitted and the trial court made findings adverse to plaintiff including findings to the effect that plaintiff was guilty of unprofessional conduct as charged in counts 3 and 6. As above stated, judgment was entered denying the writ. On this appeal, plaintiff again claims that the complaints and the evidence were insufficient.

In count 3 of the complaints, plaintiff was charged with a violation of subdivision (k) of paragraph 2 of section 15 of the act. It was alleged therein that plaintiff placed the dead human body of Johanna Jensen in a cértain casket and held funeral services for said deceased at Mountain View while said deceased lay in said casket; that thereafter plaintiff transported said deceased in said casket to Sacramento and there removed said deceased from said casket and placed said deceased in a wooden box commonly known as a “ county box ’ ’ and did return said casket to plaintiff’s show room and thereafter use said casket. In count 6 of the complaints, plaintiff was charged with a violation of subdivision (c), of paragraph 2 of section 15 of the act. It was alleged therein that plaintiff did “by and through his agent, assistant and employee, Earl Wright” solicit for preparation for burial the human dead body of one M. E. Kemnitzer.