Wilkey v. State Ex Rel. Smith

ANDERSON, Chief Justice.

This is a statutory quo warranto under Paragraph (1) of Section 9932 of the-Code of 1923. The count or amended information charges that the respondents engaged in practicing law without a license. The respondents by pleas 1 and 2 set up the general issue or denial of the allegations arid the trial court sustained demurrer to these pleas. In this, there was error.

The gravamen of the charge was the unlawful practice of law. If they did not practice law as charged, they would not be guilty, whether they had a license or not, and unless this fact was established the…