People ex rel. Noyes v. Allison

Citations

• 68 Ill. 151

Syllabus

<p>1. Attorney at law—striking name from roll. Upon an information to have the name of an attorney at law stricken from the roll, charges affecting his character as a man, or integrity as a private citizen, will not be considered. Eor misconduct not in his official capacity as an attorney', redress must be sought by suit in the ordinary mode.</p> <p>2. Same—cha/rge of refusing to pay over money collected. On a charge against an attorney for refusing to pay over money collected by him, it appeared that the money had long before been paid to the party entitled, who had made no complaint, and that there was a dispute as to the attorney’s fee: Held, that if the party to whom the money belonged was satisfied, it was no concern of the relator, who was a stranger.</p> <p>3. Same—laches in filing information. The law does not favor informations against attorneys at law after the lapse of a great length of time from the commission of the acts complained of. In analogy to the limitation of prosecutions for misdemeanors, there ought to be a limit to the time for filing such informations.</p> <p>4. Same—sufficiency of charges against. A specification in an information against an attorney that he took '• legal papers belonging to the files of the circuit court of Coles county.” is entirely too indefinite. A charge so grave ought to be stated with sufficient particularity to enable the accused to make his defense.</p> <p>5. Same—charges in information alone considered. On an information against an attorney at law, he can only be tried on- the charges contained in the information. Other charges in the affidavits filed with it will not be considered.</p>