City of Bozeman v. Cadwell
Montana Supreme Court
Appeal from, Ninth Judicial- District, Gallatin County. Conviction for violation of a city ordinance. Defendant was tried before Armstrong, J. The complaint is insufficient in charging that the defendant did transact and engage in the business or profession of a lawyer. The offense is charged in the alternative or disjunctive manner.
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Appeal from, Ninth Judicial- District, Gallatin County. Conviction for violation of a city ordinance. Defendant was tried before Armstrong, J. The complaint is insufficient in charging that the defendant did transact and engage in the business or profession of a lawyer. The offense is charged in the alternative or disjunctive manner. To say that one transacts and engages in the business of a lawyer is not synonymous with saying that one transacts and engages in the profession of a lawyer. They are not synonymous terms, and not being so, the complaint is bad. (People v. Tomlinson, 35 Cal. 508;…
1Opinion of the Court
Per Cueiam.
This is an appeal from a judgment of conviction for practicing law without first having obtained a license. The proceeding was commenced in the police court of the city of Bozeman under the following ordinance of the city: “There shall be levied and collected by the city treasurer and collector from all persons engaged in the kinds of business hereinafter mentioned within the limits of the city of Bozeman a license tax as follows: .... 3. From each professional man, before practicing as such. All lawyers, dentists, physicians, surgeons, and all other professions, insurance agents,…
2Cases cited1 opinion
- In re Dewar's EstateMontana Supreme Court · 1891
3Cited by2 opinions
- City of Bozeman v. NelsonMontana Supreme Court · 1925
- City of Philipsburg v. WeinsteinMontana Supreme Court · 1898