Matter of Kelly
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion of H. H. Morange to vacate an order and precept committing him to jail for non-payment of costs. (Reported below, 3 Hun, 636; 6 T. & C., Ill",) An application was made, in the above entitled matter, to the said General Term to strike the name of Richard B. Kelly, from the roll of attorneys of that court.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion of H. H. Morange to vacate an order and precept committing him to jail for non-payment of costs. (Reported below, 3 Hun, 636; 6 T. & C., Ill",) An application was made, in the above entitled matter, to the said General Term to strike the name of Richard B. Kelly, from the roll of attorneys of that court. The petition was signed and presented by Henry H. Morange, also an attorney of the court, and charged Mr. Kelly with gross misconduct, deceit and…
1Per curiam
The principal point urged on behalf of the appellant is, that the costs awarded against Mr. Morange, were not ordered to be paid by him for misconduct as an attorney or counselor (Laws of 1847,491, § 2), and that therefore he could not lawfully be imprisoned for their non-payment.
The order imposing the costs shows that the court deemed it very clear that there was no foundation for the extreme measure taken by the appellant against Mr. Kelly, and that the proceedings had been prosecuted by the appellant from improper motives. We agree with the Supreme Court in the opinion expressed by them,…
2Cited by8 opinions
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- Clark v. . BiningerNew York Court of Appeals · 1878
- Manhattan Iron Works Co. v. FrenchThe Superior Court of New York City · 1882
- In re WallUnited States Circuit Court for the Northern District of Florida · 1882
- Long Island Trust Co. v. RossNew York Supreme Court · 1963
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