In Re the Proceedings for the Disbarment of Clark
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 11, 1905, confirming the report of a referee and directing the removal of the appellant herein from the office of attorney and counselor at law. This proceeding is based upon eleven charges of misconduct preferred by Frank D. Bailey, of Syracuse.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 11, 1905, confirming the report of a referee and directing the removal of the appellant herein from the office of attorney and counselor at law. This proceeding is based upon eleven charges of misconduct preferred by Frank D. Bailey, of Syracuse. The appellant interposed an answer and the matter was referred to the Hon. Charles A. Hawley, of Seneca Falls, to take the proofs therein and report the same to the Appellate Division, together with his opinion thereon. The referee…
1Opinion of the CourtWillard Bartlett, J.
This is a melancholy case, resulting in the destruction of the professional career of an educated lawyer who for many years appears to have enjoyed an excellent reputation and the general esteem of the community in which he has lived. It demands and it has received the most scrupulous and careful attention of the courts in considering the evidence offered in support of the charges and the proper and necessary inferences to be drawn from the proof. The essential facts are uncontroverted, and they lead unquestionably to the painful conclusion that the appellant ought not to be allowed to…
2Cases cited6 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Irwin v. . CurieNew York Court of Appeals · 1902
- Hirshbach v. KetchumAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by57 opinions
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Danek v. HommerNew Jersey Superior Court Appellate Division · 1953
- Cubito v. KreisbergAppellate Division of the Supreme Court of the State of New York · 1979
- In Re the Estate of GilmanNew York Court of Appeals · 1929
- Holland v. SheehanSupreme Court of Minnesota · 1909
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