In Re Harrison

Good Law
1922 Cal. App. LEXIS 196·59 Cal. App. 539·211 P. 26
Court of Appeal of CaliforniaOctober 31, 1922Orig. No. 250.California213 words

lead Opinion

Works, J.

Petitioner, who is a British subject, being a native of Canada, in June, 1921, filed with the state board of bar examiners his application for admission to the bar. On June 29 and 30, and on July 1, 1921, he took the examination required by law in the case of such applications; and on or about September 26, 1921, the board of examiners made its order admitting him to the bar. Unfor innately for petitioner, however, on or about July 29, 1921, there had become effective an amended section 275 of the Code of Civil Procedure. The amended section reads:

The order of the board of bar examiners admitting petitioner to the bar was, of course, ineffective under the terms of this enactment, and it is for that reason that petitioner now asks an order admitting him as of a day prior to the effective date of the amendment. The petition cannot be granted. The section is direct and positive in its terms and there is no doubt that it covers the ease of petitioner. It was for the legislature, and it is not now for us, to write exceptions into the statute, as our power is merely to judge and not to legislate.

Petition denied.

Finlayson, P. J., and Craig, J., concurred.