Thomas v. State ex rel. Stepney
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before Hon. JONATHAN Haralson. 1. The proceeding against appellant is quasi criminal. — See Matter of Hamilton Baluss, an Attorney, 28 Mich. 507,508; Gumming v. The State of Mo., 4 Wall. 279; Ex parte Garland, p. 333. And being quasi criminal in its nature, it can not be maintained against any person, save a licensed attorney. — Code, § 861-883. This being the case, the information is defective in failing to charge that the accused is a…
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Appeal from City Court of Selma. Tried before Hon. JONATHAN Haralson. 1. The proceeding against appellant is quasi criminal. — See Matter of Hamilton Baluss, an Attorney, 28 Mich. 507,508; Gumming v. The State of Mo., 4 Wall. 279; Ex parte Garland, p. 333. And being quasi criminal in its nature, it can not be maintained against any person, save a licensed attorney. — Code, § 861-883. This being the case, the information is defective in failing to charge that the accused is a licensed attorney. — -See Withers v. The State, ex rel. Posey, 36 Ala. 280, 261. If the accused had been a non-resident…
1Opinion of the CourtBriokell, C. J.
This was an information, charging the defendant with misconduct in his profession, as an attorney-at-law, and seeking his suspension or removal from the office of attorney, because of such misconduct. ' It is founded on the statute, Revised Code, § 882. The proceeding, though not strictly criminal, is of the nature of a criminal proceeding, and it is essential .to support it, that the information should with certainty disclose that the defendant is amenable to the proceeding, and the facts constituting the misconduct of which complaint is made. It is apparent, the statute is directed only…
2Cases cited1 opinion
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
3Cited by14 opinions
- State v. MasonOregon Supreme Court · 1896
- Mason v. City of Vestavia HillsCourt of Criminal Appeals of Alabama · 1987
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- In Re FiteSupreme Court of Alabama · 1933
- Ex Parte MesserSupreme Court of Alabama · 1933
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