In Re McNabb

Citations

• 185 P. 431
• 76 Okla. 253
• 1919 OK 325
• 1919 Okla. LEXIS 177

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Attorney and Client — Disbarment Proceedings — Report of Referee.</p> <p>A referee in a disbarment proceeding is an officer of the court, and the court has full authority to supervise and control his report by setting it aside, or confirming or modifying it, as the facts and the law require.</p> <p>2. Same — Review—Report of Referee.</p> <p>The report of a referee appointed to take evidence and report his findings of fact and conclusions of law in a disbarment proceeding is not conclusive as to either the findings of fact or conclusions of law, but is accorded every reasonable presumption of being cor-reet. The 'burden is on the party attacking it, but it is to be freely set aside by the court if found to be incorrect.</p> <p>3. Attorney ¡and Client — Disbarment Proceedings — Presumptions.</p> <p>In a proceeding to disbar an attorney at law, such attorney is presumed to be innocent of the charges preferred and to ha<ve performed his duty as an officer of the court in accordance with his oath, and the evidence in support of the charges must satisfy the court to a reasonable certainty that the charges are true and warrant a judgment of disbarment.</p> <p>4. Same — Sufficiency of Evidence.</p> <p>Transcript of the evidence examined, and held: That the same supports the findings of the referee; findings and conclusions of the referee confirmed and the proceeding dismissed.</p>