State v. . Bryan
Supreme Court of North Carolina
IndictmeNT, tried before Shepherd, Judge, at the Fall Term, 1887, of Chatham Superior Court. The defendant was a justice of the peace in and for the county of Chatham; and the indictment charges that he “ did, unlawfully and wilfully, on the 26th day of August, A. D. 1886, practice law as an attorney, in the county aforesaid, in a judicial court held by W. B. Wilkie, a justice of the peace of said county of Chatham, in the trial of a civil action wherein Luke Brothers were…
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IndictmeNT, tried before Shepherd, Judge, at the Fall Term, 1887, of Chatham Superior Court. The defendant was a justice of the peace in and for the county of Chatham; and the indictment charges that he “ did, unlawfully and wilfully, on the 26th day of August, A. D. 1886, practice law as an attorney, in the county aforesaid, in a judicial court held by W. B. Wilkie, a justice of the peace of said county of Chatham, in the trial of a civil action wherein Luke Brothers were plaintiffs, and J. E. Boling, Eliza Holden and Mary Holden were defendants, by appearing as attorney of said plaintiffs,…
1Opinion of the Court
Davis, J.,
(after stating the case). Section 27 of The Code is as follows: “It shall not be lawful for any attorney at law or justice of the peace to practice law as an attorney in any of the judicial courts held for the county wherein they hold the office of County Commissioner or justice of the peace. And any person offending against this section shall be guilty of a misdemeanor,” «fee.
This is the first time that this Court has been called-upon to construe the above section. It was earnestly insisted by the very able counsel who represented the defendant that it was intended to apply only to…
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