State v. Quarles

• Decision Date: 21 January 1909
• Citation: State v. Quarles, 158 Ala. 54, 48 So. 499 (Ala. 1909)
• Parties: STATE v. QUARLES.
• Court: Alabama Supreme Court

48 So. 499

158 Ala. 54

STATE v. QUARLES.

Supreme Court of Alabama

January 21, 1909

Appeal from Circuit Court, Dallas County; B. M. Miller, Judge.

Proceedings by information in the name of the State against William W Quarles.From a judgment for defendant, plaintiff appeals.Affirmed.

Walter R. Shafer, for the State.

Pettus Jeffries & Pettus, S. J. Bowie, and Mallory & Mallory, for appellee.

DOWDELL J.

This is a proceeding by information in the name of the state, filed by the circuit solicitor, against the appellee in the circuit court of Dallas county.The complaint contained two counts as follows: "First count.That said William W. Quarles is guilty of a violation of the provisions of an act entitled 'An act to prevent the encouragement of litigation and provide for the punishment of persons engaged in encouraging litigation, approved March 4th, 1901'(Acts1900-1, p 2227), in this: that the said William W. Quarles did promise, or give or offer, or promise to give, a valuable consideration to one John D. Mosely as an inducement to the said Mosely to the placing, or in consideration of having placed, in the hands of the said William W. Quarles a demand or claim against one William P. Molette, for the purpose of bringing suit or making claim against the said William P. Molette.""Second count.That the said William W. Quarles is guilty of a willful violation of subdivision 6 of section 590 of the Code of Alabama, in this: That the said William W. Quarles did encourage the commencement or continuance of an action or proceeding against one William P. Molette for motive of interest."

Section 1 of the Act of March 4, 1901(Acts 1900-1, p. 2227), on which the first count is based, reads as follows: "That it shall be unlawful for an attorney at law, either before or after action brought, to promise or give or offer to promise or give a valuable consideration to any person as an inducement to placing, or in consideration of having placed in his hands or in the hands of any partnership of which he is a member, a demand of any kind, for the purpose of bringing suit or making claim against another, or to employ a person to search for and procure clients to be brought to such attorney."Subdivision 6 of section 590 of the Code of 1896, on which the second count is based, is as follows "Duties of Attorneys.It is the duty of attorneys * * *.6.To encourage neither the commencement nor continuance of an action or proceeding from any motives of passion or interest."While in the violation of either of these statutes, no punishment by fine or imprisonment is incurred, still the punishment imposed, that of disbarment from the practice of the law, renders them highly penal in their character.Suc...