In Re Disbarment of Westphal

Supreme Court of Minnesota

In Re Disbarment of Westphal

237 N.W. 598, 184 Minn. 28, 1931 Minn. LEXIS 1011

Supreme Court of Minnesota·Decided July 3, 1931·No. No. 28,481.·Published

Opinion

Per Curiam.

The petition in this matter was referred to Honorable Carlton F. McNally, a judge of the district court of the second judicial district, who has heard the evidence and found the facts. It is sufficient to say that the accused has properly been found guilty of “constant and systematic withdraivals of funds” belonging to at ward whose guardian he was. The withdrawals were for his personal use and benefit. The amount is substantial. In fact a compelled settlement of his accounts as guardian showed a shortage of $á,679.30. The accused frankly admits his wrong. But that of course cannot prevent the only judgment which the facts will permit. Judgment of disbarment must be entered forthwith.

So- ordered.

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Per Curiam.

The petition in this matter was referred to Honorable Carlton F. McNally, a judge of the district court of the second judicial district, who has heard the evidence and found the facts. It is sufficient to say that the accused has properly been found guilty of “constant and systematic withdraivals of funds” belonging to at ward whose guardian he was. The withdrawals were for his personal use and benefit. The amount is substantial. In fact a compelled settlement of his accounts as guardian showed a shortage of $á,679.30. The accused frankly admits his wrong. But that of course cannot prevent the only judgment which the facts will permit. Judgment of disbarment must be entered forthwith.

So- ordered.

In Re Disbarment of Westphal, 237 N.W. 598, 184 Minn. 28, 1931 Minn. LEXIS 1011 (Mich. 1931).

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