Memphis and Shelby County Bar Ass'n v. Himmelstein

• Decision Date: 23 July 1932
• Citation: 53 S.W.2d 378,165 Tenn. 102
• Parties: MEMPHIS AND SHELBY COUNTY BAR ASS'N v. HIMMELSTEIN.
• Court: Tennessee Supreme Court

53 S.W.2d 378

165 Tenn. 102

MEMPHIS AND SHELBY COUNTY BAR ASS'N v. HIMMELSTEIN.

Supreme Court of Tennessee.

July 23, 1932

Appeal from Chancery Court, Shelby County; M. C. Ketchum Chancellor.

Proceeding by the Memphis and Shelby County Bar Association against H D. Himmelstein. From an order suspending defendant from the practice of law, he appeals. On plaintiff's motion to transfer the case to the Court of Appeals.

Motion granted.

Clarence E. Clifton, W. G. Hall, F. M. Henderson and Auvergne Williams, all of Memphis, for appellant.

R. E King and Caruthers Ewing, Jr., both of Memphis, for appellee.

GREEN C.J.

In this cause the defendant was suspended from the practice of law and appealed to this court. A motion is made to transfer the case to the Court of Appeals, and this motion must be granted.

Prior to the adoption of the Code of 1932, jurisdiction of appeals in such cases was clearly in the Court of Appeals, as we have often decided. In opposition to the motion to transfer, it is urged that section 9977 of the Code provides for an appeal to this court. This section was taken from chapter 42 of the Acts of 1919 (section 4), without change.

On the contrary, section 10618 of the Code, taken without change from chapter 100 of the Acts of 1925 (section 10), provides that: "The jurisdiction of the court of appeals *** shall extend to all civil cases except those involving constitutional questions, the right to hold a public office workmen's compensation, state revenue, mandamus, in the nature of quo warranto, ouster, habeas corpus, and excepting cases which have been finally determined in the lower court on demurrer or other method not involving a review or determination of the facts, or in which all the facts have been stipulated."

That is to say the Code includes these two acts without material change, and accordingly it must be held that the Code...