Legal Opinion

Worthen v. State ex rel. Verner

Supreme Court of Alabama

Decided July 25, 1914Published

Appeal from Tuscaloosa County Court. Heard before Hon. A. H. Alston. Proceedings by the State, on the relation of Verner, as solicitor, to remove G. B. Worthen from the list of practicing attorneys, and to revoke his license. From a judgment granting the relief prayed, respondent appeals.

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Appeal from Tuscaloosa County Court. Heard before Hon. A. H. Alston. Proceedings by the State, on the relation of Verner, as solicitor, to remove G. B. Worthen from the list of practicing attorneys, and to revoke his license. From a judgment granting the relief prayed, respondent appeals. The following are the charges or infoimiation referred to in the opinion: C. Informants charge that said Worthen has violated the provision of section 6314, Code 1907, in this, that on, to wit, October 14, 1912, A. S. Vandegraaff, for and in the name of Washington Moody, as trustee, filed in the Tuscaloosa…

1Opinion

ON REHEARING.

McCLELLAN, j.

It is thought desirable that repetition, in this response to the application for rehearing, of matters of consideration set down in the opinion ante, should be avoided as far as practicable.

With the view to indicating the inapplication of the class of decisions of which Burgess v. Martin, 111 Ala. 656. 20 South. 506, is one, a distinction is noted in the foregoing opinion, as upon the patently apt authority *409afforded by the quoted language of Chief Justice Brick-ell in Jacobs v. State, 61 Ala. page 452, between affidavits that possessed an evidential function and…

2Cases cited4 opinions

  1. Burgess & Co. v. MartinSupreme Court of Alabama · 1895
  2. McKissack v. Voorhees, Miller & Co.Supreme Court of Alabama · 1898
  3. Mitchell v. Pitts & HenrySupreme Court of Alabama · 1878
  4. Smothers v. Meridian Fertilizer FactorySupreme Court of Alabama · 1902

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