McKoan v. Devries
New York Supreme Court
This was an application-, by the defendant, to strike the plaintiff’s declaration from the files bf the court, on the ground that it was placed there by a person who had never been admitted to practice as an attorney in this court.
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This was an application-, by the defendant, to strike the plaintiff’s declaration from the files bf the court, on the ground that it was placed there by a person who had never been admitted to practice as an attorney in this court. The affidavit, on which the motion was founded; stated that the declaration was endorsed “ A. W. Goff, attorney for plaintiff,” and that the said Goff was not an attorney of this court; nor an attorney or counsellor at law, or solicitor, nor had he ever been admitted to practice as such. This was not denied by the affidavit in reply; but it was alleged that Goff…
1Opinion of the CourtEdwards, J.
The question is, whether, under such an authority as is set forth in the opposing affidavit, Goff had the right to file a declaration as attorney for the plaintiff. It is provided in Art. 6, § 8, of the present constitution of this state, that “ any male' citizen of the age of twenty-one years,- of *197good moral character, and who possesses the requisite qualifications of learning .and ability, shall be entitled to admission to practice in all the courts of this state.” By the 75th section of the “ act in relation to the judiciary,” passed May 12, 1847, {Laws of 1847, p. 342,) and which was…
2Cited by4 opinions
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