Case of Lowenthal

Citations

• 61 Cal. 122
• 1882 Cal. LEXIS 556

Syllabus

<p>Removal op Attorney—Former Adjudication.-—The order of this Court admitting an attorney to practice, is in the nature of a judgment that he possessed the requisite qualifications, when the order was made and entered. It follows that the judgment, while it continues in force, is an adjudication determinative of the fact that the defendant was of “good moral character, ” when he was admitted by this Court, and an attack upon his previous character can not be made the basis of an order for his removal.</p> <p>Id.-—Power op the Court to Remove Attorney.—Nevertheless, this Court will be justified, of its own motion, in setting aside the order admitting an attorney to practice, should it appear that the order was obtained by means of fraudulent artifices or concealment; and it seems (though held unnecessary to decide), that in ascertaining whether fraud has been practiced by an application for admission, the Court would hear evidence to show that the order of admission yas secured by fraudulent concealment of facts affecting the moral character of the person admitted.</p> <p>Id.—Id.—Production of License—Definition.-—The provision of Section 279 of the Code of Civil Procedure, that any person, “who has been admitted to practice law in the highest Court of a sister State, ” may be admitted to practice here “upon production of his license,” etc), means not only that the applicant shall present a license, showing that he had at a certain time been admitted in another state, but requires that this Court shall be satisfied that he has continued to be a member of the bar of such State, in good standing, and entitled to ingress to all the Courts of record in that State up to the time of his application; and where this is not the case, and the fact is concealed, the order of the Court admitting the applicant will be set aside.</p> <p>Id.—Accusation—Pleading—Jurisdiction op Foreign Court.—Proceeding to remove an attorney who had been admitted to practice here upon a license of