Legal Opinion

In re the Proceedings for Disbarment of Clark

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1905PublishedCited by 8 opinions

■Motion' to confirm the report of a referee appointed to take proof and report to the court with his opinion upon an application • to strike the name of Arthur E. Clark, of Batavia, if. Y., from the roll of attorneys and counselors of the Supreme Court, and to forbid his practicing in any of the courts of this State. The proceeding was commenced early in March, 1904, by filing with this court a petition duly verified by one Frank 0. Bailey, of : Syracuse, if.

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■Motion' to confirm the report of a referee appointed to take proof and report to the court with his opinion upon an application • to strike the name of Arthur E. Clark, of Batavia, if. Y., from the roll of attorneys and counselors of the Supreme Court, and to forbid his practicing in any of the courts of this State. The proceeding was commenced early in March, 1904, by filing with this court a petition duly verified by one Frank 0. Bailey, of : Syracuse, if. Y„ praying for the disbarment of Arthur E. Clark as attorney and counselor at law, because of certain acts, omissions and delinquencies…

1Opinion of the Court

McLennan, P. J. :

In entering upon a discussion of the facts disclosed by the evidence and the conclusions to be drawn therefrom, we fully realize the responsibility and the importance of the investigation. The heretofore good standing of the defendant, the vital interest which *152he has in any determination which we may reach, the duty which we owe to the court, to the members of the profession of the law and to the public, admonish us to be diligent in our examination and to be actuated solely by a desire to do exact justice, uninfluenced by prejudice because of any seeming delinquencies or by…

2Cases cited3 opinions

  1. Irwin v. . CurieNew York Court of Appeals · 1902
  2. Hirshbach v. KetchumAppellate Division of the Supreme Court of the State of New York · 1896
  3. Irwin v. CurieAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by8 opinions

  1. Chreste v. Louisville Railway Co.Court of Appeals of Kentucky · 1915
  2. Ford v. MunroeCourt of Appeals of Texas · 1912
  3. In re ClarkAppellate Division of the Supreme Court of the State of New York · 1908
  4. In re NewmanAppellate Division of the Supreme Court of the State of New York · 1916
  5. In re RothbardAppellate Division of the Supreme Court of the State of New York · 1929

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