United States v. Pratt
District Court, D. Alaska
This is a contempt proceeding. The affidavit upon which it is based was made by Jeremiah Cousby, Assistant United States District Attorney, and filed and presented to the court on October 23, 1907, and it alleges: That on the 8th day of November, 1906, an action was commenced in this court, entitled “Robert H. Fleming, Plaintiff, v. R. E. Leber, Administrator of the Estate of Victor Baubet, Deceased, and R. E. Leber, Defendants,” and No. 622, by the filing of the complaint…
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This is a contempt proceeding. The affidavit upon which it is based was made by Jeremiah Cousby, Assistant United States District Attorney, and filed and presented to the court on October 23, 1907, and it alleges: That on the 8th day of November, 1906, an action was commenced in this court, entitled “Robert H. Fleming, Plaintiff, v. R. E. Leber, Administrator of the Estate of Victor Baubet, Deceased, and R. E. Leber, Defendants,” and No. 622, by the filing of the complaint and the issuance .of summons by the clerk. The marshal on that day served the summons on Leber, in Fairbanks, by…
1Opinion of the Court
WICKERSHAM, District Judge.
In the case of In re Watts and Sachs, 190 U. S. 1, 29, 35, 23 Sup. Ct. 718, 725, *405727, 47 L. Ed. 933, the Supreme Court of the United States thus states the general rule in cases like that at bar:
“In the ordinary case of advice to clients, if an attorney acts in good faith and in the honest belief that his advice is well founded and in the just interests of his client, he cannot be held liable for error in judgment. The preservation of the independence of the bar is too vital to the due administration of justice to allow of the application of any other general…
2Cases cited22 opinions
- Patterson v. Colorado Ex Rel. Attorney General of Colo.Supreme Court of the United States · 1907
- In Re SawyerSupreme Court of the United States · 1888
- United States v. ShippSupreme Court of the United States · 1906
- Market Co. v. HoffmanSupreme Court of the United States · 1879
- Ex Parte FISKSupreme Court of the United States · 1885
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3Cited by3 opinions
- Statter v. United StatesCourt of Appeals for the Ninth Circuit · 1933
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