Morgan's Digest of Oklahoma Statutes and Supreme Court Decisions

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1897. Not illustrated. Excerpt: ... ATTORNEYS. Answer, Id. Appeal, le. Change of Venue, lc. Chattel Mortgage, 26. Disbarment, 1. Fees, 2. Fraud, la. Jury, 16. Supreme Court, lc. Trial, 1. J. DISBARMENT PROCEEDINGS. (a) FRAUD IN ADMISSION.--An attorney who secures admission to practice upon a certificate issued by the court of another State prior to his disbarment in said State is guilty of practicing fraud and deception upon the court, and a complaint charging these facts states sufficient facts to disbar an attorney under Section 5, Chapter 6, page 117, Statutes of 1893. Dean v. Stone et al., 2 Okla. 13. (b) TRIAL BY JURY.--Under Statutes of 1893 an attorney is not entitled to a trial by jury in a proceeding to disbar him. Dean r. Stone et al., 2 Okla. 13. (c) CHANGE OF VENUE.--In disbarment proceedings the attorney has a right to a change of venue under Section 3930 of Statutes of 1893, notwithstanding the act of Congress, approved December 21,1893, provides that the Supreme Court or chief justice thereof may designate a judge to try a case when the judge of the district, for reasons in said statutes stated, should not try the case. In re Brown, 2 Okla. 590. (d) NOTICE--TIME TO ANSWER--In disbarment proceedings an attorney is not allowed the notice and time to answer given to answer an ordinary summons under the code, but may be cited to appear at such time as will give him a reasonable time to be heard. In re Brown, 2 Okla. 590. (c) APPEAL.--An attorney who has been suspended from practice by an order of the district court has a right of appeal to the Supreme Court, pending a trial on information for his disbarment. In re Brown, 2 Okla. 590. (a) EXCESSIVE.--A ten per centum attorney's fee for bringing suit upon a note, and to foreclose mortgage securing the same, where the note which is set out...