In re Certain Proceedings for the Disbarment of Doughty

North Dakota Supreme Court

In re Certain Proceedings for the Disbarment of Doughty

149 N.W. 721, 32 N.D. 1, 1914 N.D. LEXIS 147

DecidedDecember 12, 1914

StatusPublished

This text of 149 N.W. 721 (In re Certain Proceedings for the Disbarment of Doughty) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Certain Proceedings for the Disbarment of Doughty, 149 N.W. 721, 32 N.D. 1, 1914 N.D. LEXIS 147 (N.D. 1914).

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Opinions

Bruce, J.

This is a. proceeding for disbarment. The complaint and petition charges the practical embezzlement of two items of $22.50 and $4.75 respectively, which are alleged to have been collected for clients and not turned over.

[2]*2The defendant answers that one of these items was property kept in payment of legal services formerly rendered, and that the other was retained inadvertently, and was subsequently paid. The testimony of the defendant is quite strongly corroborated, while that of the complaining witness is but little supported. In addition to this the record shows that the defendant, though arrested more than a year ago for practically the same offense, was acquitted by a jury. Not only is there a reasonable doubt in our minds, but we are unable even to say that there is a preponderance of the evidence in support of the charges made.. The record before us, in short, by no means satisfies us of the guilt- of the defendant.

The proceedings will therefore be dismissed.

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Bruce, J.

This is a. proceeding for disbarment. The complaint and petition charges the practical embezzlement of two items of $22.50 and $4.75 respectively, which are alleged to have been collected for clients and not turned over.

[2]*2The defendant answers that one of these items was property kept in payment of legal services formerly rendered, and that the other was retained inadvertently, and was subsequently paid. The testimony of the defendant is quite strongly corroborated, while that of the complaining witness is but little supported. In addition to this the record shows that the defendant, though arrested more than a year ago for practically the same offense, was acquitted by a jury. Not only is there a reasonable doubt in our minds, but we are unable even to say that there is a preponderance of the evidence in support of the charges made.. The record before us, in short, by no means satisfies us of the guilt- of the defendant.

The proceedings will therefore be dismissed.

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Bluebook (online)

149 N.W. 721, 32 N.D. 1, 1914 N.D. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certain-proceedings-for-the-disbarment-of-doughty-nd-1914.