In re the Disbarment of Wilcox

Citations

• 90 Kan. 646
• 135 P. 995
• 1913 Kan. LEXIS 281

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A Proceeding for Disbarment is an “Action.” A proceeding for the disbarment of an attorney, although a special pro- ■ ceeding, is an “action,” as that word is employed’ in its broad sense of including all the various proceedings ordinarily al- . lowed in courts of justice.</p> <p>2. Costs — Disbarment Proceedings — Equitable Apportionment. Although previous to the enactment of chapter 64 of the Laws of 1913 there was no express statutory authority for' the allowance of costs in disbarment proceedings, the court may, in its discretion,' under the provisions of section 615 of the code, award costs in a disbarment proceeding and make such apportionment thereof as the court deems just and equitable.</p> <p>3. - Same. In this case, although the accused was acquitted upon all of the charges except one, the court declines to tax any costs against the accuser; but in view of all the circumstances, the court, in its discretion, taxes certain of the costs against the accused, and as to the remaining costs makes no allowance.</p>