Fallon v. State

• Decision Date: 29 November 1910
• Docket Number: (No. 1,637.)
• Parties: FALLON v. STATE.
• Court: Georgia Court of Appeals

69 S.E. 592

(8 Ga.App. 476)

FALLON

v.STATE.

(No. 1, 637.)

Court of Appeals of Georgia.

Nov. 29, 1910.

(Syllabus by the Court.)

Attorney and Client (§ 11^*)—Appearance of Attorney.

No attorney (except by special order otherwise providing) can legally appear as counsel upon the argument of a case in this court, unless he has been admitted to the bar of this court. The rule applies to solicitors general and to city court solicitors, as well as to other attorneys.

[Ed. Note.—For other cases, see Attorney and Client, Cent. Dig. §§ 15, 16; Dec. Dig. § 11.*]

W. F. Fallon was convicted of felony, and he brings error. On motion to tax costs. Denied.

Walter C. Hartridge, Sol. Gen., for the State.

PER CURIAM. At the October term, 1908, of this court, the case of Fallon v. State, 63 S. E. 806, a felony, from the superior court of Chatham county, was filed, docketed, heard, and decided. At the time the bill of exceptions was signed (December 28, 1908), Mr. W. W. Osborne was solicitor general of the Eastern judicial circuit in which Chatham county is located. His term expired with the year 1908. He was succeeded by Mr. Walter C. Hartridge, who, however, was disqualified from representing the case in this court as solicitor general, as he had previously been of counsel for the defendant. It is shown that Messrs. Anton P. Wright and John Rourke, Jr., appeared for the state in the court below; Mr. Rourke acting as solicitor general. The case was not orally argued in this court, but Messrs. Wright and Rourke, with the consent of Mr. Hartridge, continued the prosecution of the case and filed briefs on behalf of the state. Neither Mr. Wright nor Mr. Rourke was a member of the bar of this court at the time. Mr. Hartridge now presents a written motion asking that the fee allowed by law to solicitors general for the representation of cases in this court be allowed to Mr. Rourke, the acting solicitor general, and that the same be taxed as costs in the case.

The rules adopted at the organization of this court provide for the admission of attorneys, and it was also provisionally provided therein that "prior to the first day of the March term, 1907, any licensed attorney of the Supreme Court of this state may, without being admitted to the bar of the Court of Appeals, appear by brief as counsel in this court. After the opening of the March term, 1907, no such indulgence will be allowed." It is necessary to the proper conduct of a court's business that it should have direct...