
    [No. 9131.
    Department One.
    February 2, 1911.]
    J. G. Stewart, Appellant, v. State Board of Medical Examiners, Respondent.
      
    
    Appeal — Notice—Time for Taking — Physicians and Surgeons. Rem. & Bal. Code, § 8399, requires that an appeal to tbe supreme court from an order of tbe superior court on appeal from tbe medical board must be taken witbin sixty days, and an appeal not so taken will be dismissed.
    Appeal from a judgment of the superior court for King county, Holcomb, J., entered March 18, 1910, upon findings in favor of the defendant, upon an appeal from the state medical board.
    Appeal dismissed.
    
      Milo A. Root, for appellant.
    
      Howard G. Cosgrove and Higgins, Hall & Halverstadt, for respondent.
    
      
       Reported in 112 Pac. 1106.
    
   Per Curiam.

— Respondent moves to dismiss this appeal, upon the ground that the same was not taken within the time provided by law. This motion must be granted. It appears that the appellant filed his application with the board of medical examiners, for a license to practice medicine within the state, under § 4 of the medical act of 1909 (Rem. & Bal. Code, § 8389). The application was denied. The applicant thereupon appealed to the superior court of King county, where the decision of the medical board was affirmed by an order which was entered on March 18, 1910. The appellant, on May 28, 1910, served, and on May 31, 1910, filed, his notice of appeal to this court.

The statute regulating appeals in such cases provides that “either party may appeal from the judgment of said superior court to the supreme court of the state in like manner as in civil actions within sixty days after the rendition and entry of such judgment in said superior court.” Rem. & Bal. Code, § 8399. The notice of appeal was not given within the sixty days after the entry of the order appealed from. The appeal must therefore be dismissed. State v. Seaton, 26 Wash. 305, 66 Pac. 397.  