McBrayer v. Cravens, Dargan & Roberts
| Decision Date | 12 November 1924 |
| Docket Number | (No. 591-4062.)<SMALL><SUP>*</SUP></SMALL> |
| Citation | 265 S.W. 694 |
| Parties | McBRAYER v. CRAVENS, DARGAN & ROBERTS. |
| Court | Texas Supreme Court |
Suit by H. T. McBrayer against Cravens, Dargan & Roberts. The Court of Civil Appeals reversed judgment of district court for plaintiff (255 S. W. 994), and plaintiff brings error. Reversed, and judgment of district court affirmed.
Jno. R. Moore, of Archer City, for plaintiff in error.
McFarlane & McFarlane, of Graham, for defendants in error.
Prior to December 5, 1922, plaintiff in error, H. T. McBrayer, was a practicing attorney at law in Young county, Tex. On that date, by judgment of the district court of Young county, he was suspended from the practice of law in all courts of the state of Texas for a period of five years. James Cravens and others, having recovered a judgment against McBrayer in the county court at law of Harris county, caused execution to issue to Young county, and on January 5, 1923, the same was levied upon certain books and furniture belonging to plaintiff in error. At the time of the levy these books and the furniture were being used by McBrayer in the practice of law. This suit was instituted to prevent by injunction the sale of said property, plaintiff in error claiming that it was exempt to him from forced sale under article 3788 of the statutes. The trial court held it exempt and restrained the sale. The Court of Civil Appeals held to the contrary. 255 S. W. 994.
Our statute exempts to a single person "all tools, apparatus, and books belonging to any trade or profession." To claim the benefit of this exemption a lawyer does not necessarily have to be engaged in the practice of law at the very time a levy is made upon the tools, apparatus, and books of his profession. It is enough if he belongs to the profession and intends to use these things in his profession. There is a wide difference between the rights of an attorney who has been disbarred and one who has only been suspended. Suspension does not deprive an attorney of his office, but operates to deprive him temporarily of the right to practice his profession. In re Byrnes, 97 Minn. 534, 105 N. W. 965; 6 C. J. 614. He remains a member of the profession, but has no right to engage in the practice during the period of suspension. The books and furniture used by him in the practice continue to "belong to the profession," although for the time being he may not be permitted to use them in the active practice. The trial court found that it was the...
To continue reading
Request your trial
-
Cantu v. State
...adversary process that the [Sixth] Amendment envisions." Strickland, 466 U.S. at 688, 104 S.Ct. at 2065. In McBrayer v. Cravens, Dargan, & Roberts, 265 S.W. 694 (Com.App.1924) (adopted and entered as the judgment of the Supreme Court, per Cureton, C.J.), the Court held the suspension of an ......
-
Langdale v. Villamil
...to the practice of law. Cravens, Dargan & Roberts v. McBrayer, 255 S.W. 994, 995 (Tex.Civ.App.--Fort Worth 1923), rev'd on other grounds, 265 S.W. 694 (Tex.Comm'n App.1924, judgm't adopted). Lane was no longer an attorney after May 30, 1989. His disbarment had the effect of abandonment of h......
-
Segraves v. Weitzel
...Statutes Short of Constitutional Reform, 35 Tex.B.J. 1137 (1972). 2 Segraves has referred us to McBrayer v. Cravens, Dargan & Roberts, 265 S.W. 694 (Tex.Comm'n App.1924, opinion adopted), in support of the principle embodied in the liberal view that office furniture used by a professional p......
-
Davis v. Schultz
...chairs and rugs, which are beyond the reach of the sheriff while they are in an attorney's office, McBrayer v. Cravens, Dargan & Roberts, 265 S.W. 694 (Tex.Comm'n App.1924, opinion adopted), become fair game for creditors when they are moved to a restaurant? Does a pool table, which is prot......
-
Credit and Collections
...to statute exempting tools, equipment, books, and apparatuses used in trade or profession); cf. McBrayer v. Cravens, Dargan & Roberts , 265 S.W. 694 (Tex. 1924) (books, bookcases, a desk, filing cabinet, chairs, and rugs were necessary and proper equipment in a law office and were exempt fr......