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26 Tex. 367

State v. Robinson

Texas Supreme Court

Decided July 1, 1862

Texas Supreme Court · decided 1862-07-01

Tried below before the Hon. R. L, Waddill. This Was a motion or information filed under the 1st section of the act of February 11th, 1854, (art. 52, O. & W. Dig., p. 43,) against the appellee, praying that he be stricken from the roll of attorneys.

Decided 1862-07-01

Bell, J.

¶1We are of opinion that where the facts set forth in any motion, the object of which is to strike the name of an attorney and counsellor-at-law from the roll, constitute any one of the crimes mentioned in the 5th section of the Act of May 12th, 1846, respecting attorneys and counsellors-at-law, the courts cannot act upon the motion, and supersede the license of the party accused, 'except upon proof of the conviction of the accused by a court of competent jurisdiction. The 8th section of the Act referred to must be understood to relate to such fraudulent or dishonorable conduct or mal-practice as do not constitute any of the offences named in the 5th section.

¶2The judgment of the court below is affirmed.

¶3Judgment affirmed.

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