In the Matter of an Attorney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 22, 1880, affirming an order of Special Term. This was a proceeding to disbar an attorney for alleged professional misconduct.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 22, 1880, affirming an order of Special Term. This was a proceeding to disbar an attorney for alleged professional misconduct. The granting of the order appealed from was opposed by said attorney; it directed “ that a commission issue according to the form of proceedings prescribed in article second of chapter nine of the Code of Civil Procedure,” to take the testimony of a witness out of the State. The order closed with this provision: “ And that all questions as to the right to issue…
1Opinion of the CourtDanforth, J.
The power of the court to admit and to remove attorneys is given by statute (In re Cooper, 22 N. Y. 67; In re Percy, 36 id. 651), and in either case the proceeding is a special one. If instituted for the latter purpose, the person proceeded against “ must be allowed an opportunity of being heard in his defense ” (New Code, § 67), and can be convicted only upon evidence good at common law, delivered, if he chooses in his presence, by witnesses subject to cross-examination. (I n re Eldridge, 82 N. Y. 161.) The order appealed from derogates the protection afforded by that right., for it requires…
2Cases cited4 opinions
- In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
- In the Matter of EldridgeNew York Court of Appeals · 1880
- In the Matter of KellyNew York Court of Appeals · 1875
- McColl v. . Sun Mutual Insurance Co.New York Court of Appeals · 1872
3Cited by18 opinions
- People Ex Rel. Karlin v. CulkinNew York Court of Appeals · 1928
- Wernimont v. State ex rel. Little Rock Bar Ass'nSupreme Court of Arkansas · 1911
- In re the Disbarment of SmithSupreme Court of Kansas · 1906
- McCurdy v. HughesNorth Dakota Supreme Court · 1933
- State v. MosherSupreme Court of Iowa · 1905
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