In re Disbarment of Macy

Citations

• 109 Kan. 1
• 196 P. 1095
• 14 A.L.R. 848
• 1921 Kan. LEXIS 64

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>•Proceedings in Disbarment of Attorney — Accusations Sustained. An attorney at law should be disbarred for making, in a pleading filed by him, false charges of criminal misconduct against an attorney at law who is a party to the action, where the attorney filing the pleading knew or should have known that the charges were false; for appearing in court to participate in an action, in which he is interested as an attorney, drunk and intoxicated; for changing an affidavit for service by publication without leave of court after judgment in an action prosecuted by him; for bringing a fictitious action and in that action taking the depositions of witnesses for the state, in a criminal prosecution against another party whom he' is defending, for the purpose of obtaining their evidence in the criminal case, and thereafter keeping the depositions in his own possession and never filing them; ■ for bringing actions to quiet title to real property or to foreclose mortgages thereon against persons known by him to be residents of the state and of the county in which the action is brought and stating in the affidavit for publication notice, whether made by himself or his client, that such persons are nonresidents of the state of Kansas; for bringing an action to quiet title to real property or to foreclose a mortgage thereon when he knows that some of the defendants have rights superior to those of his clients, and dismissing the action as to those defendants on their appearance in court to protect their rights, and bringing another action under like circumstances, and again dis-' missing it on the appearance of those defendants; or, for bringing actions not in good faith to enforce the right of his client, hut to extort money from the defendants, or to fraudulently deprive them of their property.</p>