Sherman v. State
Supreme Court of Kansas
Error from, Wyandotte County. The opinion contains a full statement of the facts bearing upon the points decided. submitted : This was a bond in a legal proceeding, within the meaning of the statute of 1867, § 1, p. 47. 1. This statute prohibits the taking of an attorney on any bond or recognizance, in any legal proceeding. It absolutely prohibits the .constituted authorities from taking a bond from a practicing attorney, in any legal proceeding.
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Error from, Wyandotte County. The opinion contains a full statement of the facts bearing upon the points decided. submitted : This was a bond in a legal proceeding, within the meaning of the statute of 1867, § 1, p. 47. 1. This statute prohibits the taking of an attorney on any bond or recognizance, in any legal proceeding. It absolutely prohibits the .constituted authorities from taking a bond from a practicing attorney, in any legal proceeding. The attorney has no power to waive the effect of this statute, because he cannot do the act that is prohibited. The act, i. e., the taking, must be…
1Opinion of the Court
By the Court,
Bailey, J.
In this cause, Porter Sherman, the plaintiff in error, *572had entered into a recognizance as surety for one Thomas Williams, who had been prosecuted for grand larceny. The recognizance was conditioned that Williams should personally appear “before the circuit court of the county of Wyandotte, on the first day of the next regular term thereof, ’ ’ to answer to said charge.
Williams having failed to appear at the next term of the district court for said county, the recognizance was declared forfeited; whereupon, scire facias having been duly issued, and said Williams having…
2Cases cited1 opinion
- Coleman v. StateCourt of Appeals of Maryland · 1856
3Cited by6 opinions
- Pill v. StateNebraska Supreme Court · 1894
- Potter v. PayneSupreme Court of Kansas · 1884
- Cook v. CarawaySupreme Court of Kansas · 1882
- Schaffer v. TroutweinSupreme Court of Oklahoma · 1913
- State ex rel. Howell County v. FindleySupreme Court of Missouri · 1890
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