State ex rel. Hunter v. Daugherty

• Decision Date: 27 June 1939
• Docket Number: 30603.
• Parties: STATE EX REL. HUNTER v. DAUGHERTY ET AL.
• Court: Nebraska Supreme Court

286 N.W. 783

136 Neb. 490

STATE EX REL. HUNTER v. DAUGHERTY ET AL.

No. 30603.

Supreme Court of Nebraska.

June 27, 1939

Syllabus by the Court.

1. The supreme court is vested with the sole power to admit persons to the practice of law in this state and to fix the qualifications for admission to the bar.

2. The giving of advice and counsel in the manner disclosed by this record, for a consideration exacted and paid, constitutes the practice of law, inhibited to all save such as are duly admitted to practice law by this court.

3. The practice of law in this state by one not duly licensed may be prosecuted as for a contempt of this court.

Original action by the State of Nebraska, on the relation of Richard C. Hunter, Attorney General, against Fred C. Daugherty and Joseph M. Waszgis, charging that the defendants did advise and counsel as attorneys at law and render legal services for compensation in contempt of the Supreme Court.

Defendants held guilty of contempt.

The practice of law by one not duly licensed may be prosecuted as for a contempt of the Supreme Court.

Walter R. Johnson, Atty. Gen., and Rush C. Clarke, Asst. Atty. Gen for plaintiff.

H. M Baldrige, of Omaha, for defendants.

Heard before ROSE, EBERLY, PAINE, CARTER, MESSMORE, and JOHNSEN JJ., and CHAPPELL, District Judge.

EBERLY, Justice.

This is an original action in this court instituted by the state of Nebraska, upon the relation of the attorney general, against the defendants, Fred C. Daugherty and Joseph F. Waszgis.

The gist of the charge, so far as sustained by the pleadings and the evidence, is that the defendants named, not having " been licensed * * * to engage in the practice of law in this state or elsewhere," did " advise and counsel as attorneys at law" and did " furnish and render legal services for compensation and hire as attorneys at law of this state, to Alvina K. Miller and Gerald Miller, in direct contempt" of this court, etc.

By their amended answer in writing the defendants admitted that neither of said defendants has ever been licensed by this court or any other court to engage in the practice of law in this state or elsewhere, and that neither is an active or inactive member of the Nebraska state bar association. They further also admitted the truth " of all of the statements made by each of them in the testimony given in the case of Miller v. Daugherty & Waszgis, Doc. V8 pg. 249, in the municipal court of the city of Omaha, Douglas county, Nebraska, which statements are part of the transcript and part of the record of said case."

This record so expressly admitted discloses that, in a proceeding pertaining to a tax foreclosure suit then pending in the district court fo...