Legal Opinion

Ex parte Faulkner

West Virginia Supreme Court

Decided January 15, 1866PublishedCited by 16 opinions

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…

1Opinion of the CourtBrowN, J.

This is a motion on the part of Hon. Charles J. Faulkner to be admitted to quality and practice as an attorney at law in this court, upon Ms taking, the oath to support the constitution of the United States and the constitution of this State, and the oath of office as an attorney at law; but without taking the oath prescribed by the act of November 16th, 1863, commonly called the test oath: having produced evidence satisfactory to the court, that he was a licensed attorney under the laws of Virginia, and a practitioner in the courts of that State prior to the formation of the State of West…

2Cases cited1 opinion

  1. In re the Oaths to be taken by Attorneys & CounsellorsNew York Supreme Court · 1823

3Cited by16 opinions

  1. State Road Commission v. County Court of Kanawha CountyWest Virginia Supreme Court · 1932
  2. State Ex Rel. Downey v. SimsWest Virginia Supreme Court · 1943
  3. State v. HansfordWest Virginia Supreme Court · 1897
  4. Boone v. BooneWest Virginia Supreme Court · 1941
  5. Kanawha County Public Library v. County Court of Kanawha CountyWest Virginia Supreme Court · 1958

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