Certiorari to the District Court of the Ninth Judicial District.

The relator, J. A. Fletcher, presented to the Supreme Court an affidavit in substance as follows: That in October, 1857, he was admitted as an attorney and counselor in the Supreme Court; that on the first day of October, 1860, in the District Court of the Ninth District, he moved for default, judgment, and assessment of damages in a suit therein pending, in which he was attorney of record for the plaintiff; that the presiding Judge of said Court overruled the motion and continued the cause for the term, and afterwards, on the same day, and without any accusation being in any manner preferred against the relator by any one, directed that his name be stricken from the roll of attorneys in said Court, and, made the foEowing order:

In the matter of J. A. Fletcher, Attorney at Law, Proceedings in contempt. Whereas, on the first day of October, 1860, a motion was being heard in open Court in the case of Boles & Dain v. John Weifenbach and another, which said Emotion ishuthe words and figures foEowing: State of California, Siskiyou county.. Boles & Dain v. Weifenbach and Russell. In. the Ninth Judicial' District Court, September term, A. D. I860.

£ Now comes the plaintiff and moves for default, and for judg~. ment and assessment of damages; because—

‘1st. Neither defendant has compUed with the sixty-seventR section of the Practice Act, or the thirteenth section of the rules of this Court, by payment of costs after demurrer overruled before answer.

4 2d. Neither has either of them filed any affidavit of merits, or any statement of grounds of defense, as required by the thirteenth rule before answer.

4 3d. Russell appeared and demurred by Pair & Cummings, attorneys, at the November term, 1859, since which there has been no substitution of attorney.

4 4th. John D. Cosby, a stranger to this suit, did on June 16th, 1860, (and after defendant Russell had made default) file an answer with the Clerk, which is without verification, and has not been served on plaintiffs or their attorney.

4 5th. Weifenbach did, on the eighteenth of June, file an answer which has not been served.

4 J. A. Fletcher, Plaintiffs’ Attorney.’

44 And whereas, on the hearing of this motion, proof of service was offered, and it was shown by the oath of F. C. Horsley and Jonas W. Brown, the former the Sheriff of Siskiyou county, and the other his under Sheriff, that service had been made on E. Steele, an attorney and counselor at law, practicing in this Court; and whereas, the said Steele being also examined as a witness under oath, swore that J. A. Fletcher had employed and authorized him to accept and receive service of these answers, or other papers in this suit (he, the said Fletcher, being about to absent himself from the county of Siskiyou) ; and whereas, the said Fletcher in open Court admitted that he had so authorized the service.

44 Now, therefore, I, William P. Daingerfield, Judge of the Ninth Judicial District for the State of California, do declare the said J. A. Fletcher guilty of contempt to this Court and its officers, and adjudge him infamous, and as the judgment of this Court to be entered on the minutes thereof, order that the name of the said Josiah A. Fletcher, alias J. A. Fletcher, be stricken from the roll of practicing attorneys of this Court, and that he henceforth be denied any of the rights or privileges of an attorney and counselor in the Ninth Judicial District for the State of California.

44 Done in open Court, this first day of October, 1860.

44 Wm. P. Daingerfield, District Judge.”

The relator prayed for a writ of certiorari to bring the proceedings of the District Court before the Supreme Court for review. Upon the affidavit the writ was issued, to which a return was made by the Clerk of the District Court containing a copy of the record of that Court as set forth above in relator’s affidavit, and a certificate that it was a correct copy of the entire record of the proceedings in relation to the order adjudging the relator guilty of contempt, and striking him from the roll of attorneys.