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the defendants' motion. Subsequently judgment passed
for the plaintiffs, and the defendants appealed, and spe-
cified as error the overruling of their motion for a rule
upon the plaintiffs' attorneys to show by what authority
they prosecuted the suit in the name of Anderson; and
the appellate Court reversed the judgment, with in-
structions to retry the rule, and if the plaintiffs' attor-
neys failed to produce satisfactory authority for bring-
ing the action in the name of Anderson, to dismiss it.-
4 How., Miss., p. 333; Clarke vs. Willett, 35 Cal., p.
538.

Subd. 2.-See Downer vs. Norton, 16 Cal., p. 436.

change.

285. When an attorney is changed, as provided in Notice of the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he must recognize the former attorney.

NOTE.-1. ATTORNEYS OF RECORD.-If attorneys are changed in action, and there is no regular substitution of attorneys, according to the provisions of the statute, notices may be served on the attorney of record.-Grant vs. White, 6 Cal., p. 55.

2. NOTICE OF SUBSTITUTION OF ATTORNEYS.Where at different stages of the suit different attorneys have acted for one of the parties, and no notice of substitution appears, service of notice upon the attorney last acting and recognized by the Court, is sufficient to bind client.-Roussin vs. Stewart, 33 Cal., p. 208.

286. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney or to appear in person.

Death or

removal of

attorney.

and

287. An attorney and counselor may be removed Removal or suspended by the Supreme Court, and by the Dis- suspension trict Courts of the State, for either of the following causes, arising after his admission to practice:

1. His conviction of a felony, or misdemeanor in

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volving moral turpitude, in which case the record of conviction is conclusive evidence;

2. Willful disobedience or violation of an order of the Court requiring him to do or forbear an act connected with or in the course of his profession, and any violation of the oath taken by him or of his duties as such attorney and counselor;

3. Corruptly and without authority appearing as attorney for a party to an action or proceeding.

In all cases where an attorney is removed or suspended by a District Court he may appeal to the Supreme Court, and the judgment or order of the District Court is subject, on such appeal, to review, as in civil actions.

NOTE.-1. ATTORNEY ENTITLED TO TRIAL BEFORE HIS NAME IS STRICKEN FROM THE ROLL.-The name of an attorney may be stricken from the roll of attorneys, but such act is not to be regarded in the light of a punishment for contempt, and the attorney is entitled to notice of the charges preferred against him, and have an opportunity afforded him for a defense. An appeal lies to the Supreme Court from the judgment of the District Court in such matters.-People vs. Turner, 1 Cal., p. 143. And see, also, where it was held that an attorney could not be suspended by the District Court if such attorney had been admitted and licensed by the Supreme Court.-People vs. Turner, 1 Cal., p. 190. An attorney is entitled to a trial before he can be stricken from the rolls.-See Fletcher vs. Daingerfield, 20 Cal., p. 427.

2. EXCLUSION OF DISLOYAL PERSONS FROM PRACTICE, ETC.-POWER OF LEGISLATURE.-See, also, the cases of Cohen vs. Wright, 22 Cal., p. 322, and Ex Parte Yale, 24 Cal., p. 241, wherein are discussed the rights of the Legislature to exclude disloyal persons from the bar; and also to require from all attorneys, after their admission, certain test oaths of loyalty to the Government, etc.

288. In case of the conviction of an attorney or counselor of a felony, or misdemeanor involving moral turpitude, the Clerk of the Court in which a conviction is had must, within thirty days thereafter, transmit to

the Supreme Court a certified copy of the record of conviction.

ings for

removal or

suspension

289. The proceedings to remove or suspend an Proceedattorney and counselor, under the first subdivision of Section 287, must be taken by the Court on the receipt of a certified copy of the record of conviction. The proceedings under the second subdivision of Section 287 may be taken by the Court for matters within its knowledge, or may be taken upon the information of another.

290. If the proceedings are upon the information Accusation of another, the accusation must be in writing.

tion.

291. The accusation must state the matters charged, Verificaand be verified by the oath of some person, to the effect that the charges therein contained are true.

answer.

292. After receiving the accusation the Court must, Citation to if in its opinion the case require it, make an order requiring the accused to appear and answer the accusation at a specified time in the same or subsequent term, and must cause a copy of the order and of the accusation to be served upon the accused within a prescribed time before the day appointed in the order.

293.

ance.

The accused must appear at the time ap- Appearpointed in the order, and answer the accusation, unless for sufficient cause the Court assign another day for that purpose; if he do not appear, the Court may proceed and determine the accusation in his absence.

answer.

294. The accused may answer to the accusation How to either by objecting to its sufficiency or denying it.

295. If he object to the sufficiency of the accusa- Demurrer. tion, the objection must be in writing, but need not be

in

any specific form, it being sufficient if it presents intelligibly the grounds of the objection. If he deny

Answer.

Trial.

Reference.

Judgment.

the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

296 If an objection to the sufficiency of the accuguiengypt sation? otsustamed the accused must answer forth

with.

297. If the accused plead guilty, or refuse to answer the accusation, the Court must proceed to judgment of removal or suspension. If he deny the matters charged, the Court must, at such time as it may appoint, proceed to try the accusation.

298. The Court may, in its discretion, order a reference to a committee to take depositions in the

matter.

299. Upon conviction, in cases arising under the first subdivision of Section 287, the judgment of the Court must be that the name of the party be stricken from the roll of attorneys and counselors of the Court, and he be precluded from practicing as such attorney or counselor in all the Courts of this State; and, upon conviction in cases under the second subdivision of Section 287, the judgment of the Court may be according to the gravity of the offense charged-deprivation of the right to practice as attorney or counselor in the Courts of this State permanently or for a limited period.

Receivers

and

CHAPTER II.

OF OTHER PERSONS INVESTED WITH SUCH POWERS.

SECTION 304. Receivers and guardians.

304. The appointment, powers, and duties of reguardians, ceivers and guardians are provided for and prescribed

in Parts II and III of this Code.

PART II.

OF CIVIL ACTIONS.

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