Legal Opinion

Rochester Bar Association v. . Dorthy

New York Court of Appeals

Decided April 20, 1897PublishedCited by 7 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 29, 1896, disbarring John F. Dorthy, an attorney of the court, and revoking the license granted to him to practice as an attorney and counselor at law. The facts, so far as material, are stated in the opinion. It was error for the Appellate Division to disbar Hr. Dorthy for crimes before lie had been tried for those crimes by jury.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 29, 1896, disbarring John F. Dorthy, an attorney of the court, and revoking the license granted to him to practice as an attorney and counselor at law. The facts, so far as material, are stated in the opinion. It was error for the Appellate Division to disbar Hr. Dorthy for crimes before lie had been tried for those crimes by jury. (Anonymous, 5 B. & Ad. 1088; Anonymous, 3 N. & P. 389; 2 Dowl. P. C. 110; Stephens v. Hill, 10 M. & W. 28; Ex parte Wall, 107 U. S. 280; Steinman v.…

1Opinion of the CourtBartlett, J.

In June, 1895, the Bochester Bar Association preferred charges against the defendant and presented them to the General Term.

The defendant having interposed a general denial, an order was made appointing a. referee to take evidence and report the same, with his opinion thereon. The referee took a large amount of evidence and reported the same to the court, without any opinion.

The Appellate Division, after considering the referee’s report and hearing counsel for the complainant and the defendant, made an order disbarring the latter, and revoking his ' license to practice. From that order this…

2Cases cited2 opinions

  1. Ex Parte WallSupreme Court of the United States · 1883
  2. In Re John PercyNew York Court of Appeals · 1867

3Cited by7 opinions

  1. People v. DorthyAppellate Division of the Supreme Court of the State of New York · 1897
  2. In re BauderAppellate Division of the Supreme Court of the State of New York · 1908
  3. In re KammerlohrAppellate Division of the Supreme Court of the State of New York · 1916
  4. In re ReifschneiderAppellate Division of the Supreme Court of the State of New York · 1901
  5. In re Brooklyn Bar Ass'nAppellate Division of the Supreme Court of the State of New York · 1904

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