Turner

People ex rel. Field v. Turner

Good Law
1 Cal. 188
Supreme Court of CaliforniaDecember 15, 1850California488 words

Opinion

Lead Opinion

Hastings, J.

By the Court,

At the last term of this court, Stephen J. Field and others, practising as attorneys and residing in the town of Marysville of this state, appeared before the supreme court and were admitted attorneys thereof. After being so admitted they presented to the court a petition representing that, without notice, the judge of the eighth judicial district, at the preceding term of the Yuba district court, ordered the said Field and others to be expelled from the bar. This order, it appeared, was based upon an alleged contempt of the district court. We then decided, and see no reason now to *189 change our views, that an order of expulsion of a member of the bar, without notice to appear and answer, having no opportunity of being heard and making his defence, was irregular and void, and issued a writ of mandamus, commanding the judge to cause to be vacated the order specified. A motion is now made in this court by' Mr. Field for an attachment against the judge for contempt, in not obeying the process of mandamus. The affidavit of Field represents that said order has not been vacated, and a certificate of the clerk is appended, by which it appears that the order, as entered…

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