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In re Disbarment of Ashley

Supreme Court of California,In Bank
Apr 24, 1905
146 Cal. 600 (Cal. 1905)

Opinion

Crim. No. 1256.

April 24, 1905.

ACCUSATION for Disbarment of an attorney at law.

The facts are stated in the opinion of the court.

A.H. Carpenter, of San Joaquin County, Accuser.


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 alleged to have occurred, and where it is to be presumed the witnesses reside.

For these reasons the proceeding here is dismissed without prejudice.


Summaries of

In re Disbarment of Ashley

Supreme Court of California,In Bank
Apr 24, 1905
146 Cal. 600 (Cal. 1905)
Case details for

In re Disbarment of Ashley

Case Details

Full title:In Re Disbarment of ARTHUR H. ASHLEY

Court:Supreme Court of California,In Bank

Date published: Apr 24, 1905

Citations

146 Cal. 600 (Cal. 1905)
80 P. 1030

Citing Cases

In re Steen

D. In re Ashley, 146 Cal. 600, 80 P. 1030; In re Wellcome, 23 Mont. 140, 58 P. 45; People v. Hanson, 316 Ill.…