Legal Opinion · Dissent

Ex parte Faulkner

West Virginia Supreme Court

Decided January 15, 1866Published

Charles J. Faulkner applied at the bar of this court to be admitted to practice herein without taking the oath† prescribed by the legislature, November 16th, 1863, claiming that an attorney at law was not an officer within the meaning of that act.

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Charles J. Faulkner applied at the bar of this court to be admitted to practice herein without taking the oath† prescribed by the legislature, November 16th, 1863, claiming that an attorney at law was not an officer within the meaning of that act. Mr. Faidkner in support of the motion, after some preliminary remarks of a general character, said: The question before the court was, whether an attorney at law, duly licensed according to the statutes of the State, and in all other respects qualified, may not rightfully claim admission to the bar of West Virginia, without taking the oath…

1Dissent

Harrison, N., X

dissetiente. Tbis is.a motion by Charles James Faulkner, of West Virginia, to be admitted to the bar of this court, without taking the oath prescribed by the act of November 16th, 1863, (see Session Acts of 1863, ch. 106, page 138.) That act provides, that “every person elected or appointed to any office of trust, civil or military, shall, before proceeding to exercise the authority or discharge the duties of the same, take the following oath: “I, A. B., do solemnly swear that I will support the constitution of the United States, and the constitution of this State; that I have…

2Cases cited4 opinions

  1. Ray v. BirdseyeCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. In re BleakleyNew York Court of Chancery · 1835
  3. McKoan v. DevriesNew York Supreme Court · 1848
  4. Waters v. WhittemoreNew York Supreme Court · 1855

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