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146 Cal. 600

In re Ashley

California Supreme Court

Decided April 24, 1905

California Supreme Court · decided 1905-04-24

<p>ACCUSATION for Disbarment of an attorney at law.</p> <p>The facts are stated in the opinion of the court.</p> <p>A. H. Carpenter, of San Joaquin County, Accuser.,</p>

Decided 1905-04-24

THE COURT.

¶1This is an accusation by a private party charging an attorney at law with breach of professional duty, and seeking his disbarment.

¶2This 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 cóunty where the misconduct is *601•alleged to have occurred, and where it is to be presumed the witnesses reside.

¶3For these reasons the proceeding here is dismissed without prejudice.

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