Cobb

Cobb v. United States

Good Law
172 F. 641·3 Alaska Fed. 419·96 C.C.A. 477·1909 U.S. App. LEXIS 5020
United States Court of Appeals for the Ninth CircuitSeptember 13, 1909No. 1,702California1,508 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above). It is assigned as error that a judgment of suspension was rendered upon a proceeding which was instituted for contempt. It is true that the information which was filed against the plaintiff in error contains the allegation that his conduct was contempt of court, but it contains a full statement of the facts of the case, and asks for a judgment appropriate thereto. The court below, properly we think, regarded the proceeding, not as one for contempt, but as one for suspension or disbarment for misconduct, which is made a ground therefor by Pol.Code' Alaska, § 743, which provides that an attorney may be removed or suspended, among other causes, “for being guilty of any willful deceit or misconduct in his profession.” Although the information did not in express terms demand a judgment of suspension or disbarment, the plaintiff in error was present *423 when the court ruled that such was the nature and purpose of the proceeding, and thereafter he had ample opportunity to make his defense. He assented to the ruling that it was a proceeding for disbarment or suspension by moving that the cause be referred under section 750. Said the court in Randall v.…

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