Reilly v. Cavanaugh
Indiana Supreme Court
APPEAL from the "Warren Circuit Court. This was a motion by Patrick Cavanaugh and John W. Gilman, against the appellant, to suspend him from practice as an attorney. The motion contains three separate charges against the appellant as causes for suspension. The first charges him with having collected, as the attorney of said Cavanaugh and Gilman, and one John IP.
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APPEAL from the "Warren Circuit Court. This was a motion by Patrick Cavanaugh and John W. Gilman, against the appellant, to suspend him from practice as an attorney. The motion contains three separate charges against the appellant as causes for suspension. The first charges him with having collected, as the attorney of said Cavanaugh and Gilman, and one John IP. Toole, money due them, and collected by him in an attachment suit, in which they were plaintiffs and one John Crane was defendant, and which he-refused to pay over to them on demand. . The second charge alleges, that said “ Reilly is…
1Opinion of the CourtElliott, J.
The first question presented by the appellant is, that the court erred in overruling the demurrer to the motion.
It is to be observed that the demurrer is to the entire motion, and hence if any one of the charges or specifications contains sufficient cause for the motion, the demurrer was correctly overruled. ‘ The first and third specifications are evidently based on section 779 of the code, 2 G. & H. *217829. The first may be defective in not stating the amount of money collected and withheld, but the third is not subject to that objection, and, we think, states sufficient facts to authorize…
2Cases cited2 opinions
- Ex parte RobinsonIndiana Supreme Court · 1851
- Dawson v. ComptonIndiana Supreme Court · 1845
3Cited by8 opinions
- Ex Parte ThompsonSupreme Court of Alabama · 1933
- Ex parte WallsIndiana Supreme Court · 1880
- In re the Charges Against DarrowIndiana Supreme Court · 1910
- State Board of Medical Examiners v. MacyWashington Supreme Court · 1916
- State Board of Law Examiners v. PhelanWyoming Supreme Court · 1931
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