In Re Disbarment of Ashley

California Supreme Court

In Re Disbarment of Ashley

80 P. 1030, 146 Cal. 600, 1905 Cal. LEXIS 571

CourtCalifornia Supreme Court

DecidedApril 24, 1905

DocketCrim. No. 1256.

StatusPublished

Cited by1 cases

This text of 80 P. 1030 (In Re Disbarment of Ashley) is published on Counsel Stack Legal Research, covering California 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 Disbarment of Ashley, 80 P. 1030, 146 Cal. 600, 1905 Cal. LEXIS 571 (Cal. 1905).

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Opinion

This is an accusation by a private party charging an attorney at law with breach of professional duty, and seeking his disbarment.

This court has both original and appellate jurisdiction in such cases. (Code Civ. Proc., sec. 287.) But it declines to entertain the accusation as an original proceeding except when the prosecution has been instituted by a bar association or other public body in the public interest. When the accuser is a private person, alleging misconduct prejudicial to himself, it is more convenient and more appropriate in every way that the proceedings should be instituted and the issues tried in the superior court of the county where the misconduct is *Page 601 alleged to have occurred, and where it is to be presumed the witnesses reside.

For these reasons the proceeding here is dismissed without prejudice.

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This is an accusation by a private party charging an attorney at law with breach of professional duty, and seeking his disbarment.

This court has both original and appellate jurisdiction in such cases. (Code Civ. Proc., sec. 287.) But it declines to entertain the accusation as an original proceeding except when the prosecution has been instituted by a bar association or other public body in the public interest. When the accuser is a private person, alleging misconduct prejudicial to himself, it is more convenient and more appropriate in every way that the proceedings should be instituted and the issues tried in the superior court of the county where the misconduct is *Page 601 alleged to have occurred, and where it is to be presumed the witnesses reside.

For these reasons the proceeding here is dismissed without prejudice.

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Bluebook (online)

80 P. 1030, 146 Cal. 600, 1905 Cal. LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disbarment-of-ashley-cal-1905.

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