Legal Opinion

Wilson v. Popham

Court of Appeals of Kentucky

Decided March 12, 1891PublishedCited by 4 opinions

Case 62 —RULE— APPEAL PROM HARDIN CIRCUIT COURT. I. The proceeding should have- been in the name of the Commonwealth of Kentucky.

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Case 62 —RULE— APPEAL PROM HARDIN CIRCUIT COURT. I. The proceeding should have- been in the name of the Commonwealth of Kentucky. (Rice v. Commonwealth, 18 B. M., 483; Turner v. Commonwealth, 2 Met., 621; Walker v. Commonwealth, 8 Bush, 87.) 2. The rule is defective, in that it merely calls on appellant to show cause why he should -not pay appellee certain money, and gives no notice that he is to be disbarred from the practice upon his failure to pay the money. 3. It was error to allow the county attorney to file an amended affidavit pending appellant’s demurrer. 4. It was error to suspend…

1Opinion of the CourtChief Justice Holt

Article 1, of chapter 5, of the General Statutes, provides :

<£ § 10. If any attorney-at-law shall collect the money of his client, and on demand wrongfully neglect or refuse to pay over the same,' the circuit court of the county in which the money may be collected may, after notifying the attorney to show cause against the same, suspend- him from practice in any court for twelve months, and until the money shall be paid.

<£ § 11. Before any such motion shall be entertained, a demand of the money shall be made of such attorney in' the county of his residence, and no such proceeding shall take…

2Cases cited2 opinions

  1. Turner v. CommonwealthCourt of Appeals of Kentucky · 1859
  2. Baker v. CommonwealthCourt of Appeals of Kentucky · 1874

3Cited by4 opinions

  1. Johnson v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1944
  2. Commonwealth v. RoeCourt of Appeals of Kentucky · 1908
  3. In re McDonaldCourt of Appeals of Kentucky · 1914
  4. State Bar of Nevada v. SextonNevada Supreme Court · 1947

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