State ex rel. Murphy v. Snook

Citations

• 78 Wash. 671
• 139 P. 764
• 1914 Wash. LEXIS 1081

Syllabus

<p>Attorney and Client — Disbarment Proceedings — Appeal—Right op State — Statutes. Rem. & Bal. Code, § 139, authorizing appeals in disbarment proceedings, where the attorney is removed or suspended, does not limit the right of appeal and prevent appeals by the state, in view of the fact that such right of appeal had' previously existed under the general act (Rem. & Bal. Code, § 1716) authorizing an appeal by any party aggrieved, from the final judgment in any action or proceeding; a disbarment being a “proceeding” in the nature of a civil action; especially as § 139 was an amendment constituting the only reference to appeals in disbarment proceedings and contained no repealing clause.</p> <p>Same — Disbarment Proceedings — Conditions Precedent — Prior Civil Action. A prior civil action by a party wronged by an attorney is not a prerequisite to disbarment proceedings in the name of the state, instituted by the prosecuting attorney, at the instance of the bar association; and it is error to dismiss the proceeding until a civil action is brought and tried.</p>