State v. Tunstall
State v. Tunstall
Opinion of the Court
This appeal was taken from the judgment or order of the court below quashing or overruling an information or motion filed by three attorneys of said court to have appellee stricken from the roll as an attorney and counsellor at law, for alleged unprofessional and dishonorable conduct as a practicing attorney of said court.
Upon the threshold of an inquiry as to the correctness of the judgment of the District Court in this proceeding, we are confronted by the question, whether this court has jurisdiction of, or can take cognizance of, the appeal ? And, after the careful consideration which the importance of the question demands, we are constrained to say that the present Constitution of the State does not authorize an appeal to this court in a proceeding of this character. The jurisdiction of this court, as far as pertinent to the present inquiry, is restricted by section 3 of article 5 of our present Constitution to civil suits, of which the District Courts have original or appellate jurisdiction. Dow, without deeming it necessary to inquire whether this is a case within the meaning of the Constitution; or whether it is a case within any of the clauses enumerated
This court having no jurisdiction of this appeal, it is dismissed.
Dismissed.
Reference
- Full Case Name
- The State of Texas v. William V. Tunstall
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- 1. Constitutional law—Jurisdiction of Supreme Court.—The jurisdiction of the Supreme Court is restricted by section 3 of article 5 of the Constitution of 1876 to civil suits, of which the District Courts have appellate or original jurisdiction. 2. Civil case—Criminal case.—A proceeding against an attorney or counsellor at law, charging him with fraudulent or dishonorable conduct, and having for its object to strike him from the roll of practicing attorneys, is not a civil case. It is a criminal or quasicrirninal case. 3. Proceedings against an attorney—Appeal.—Ho appeal lies to the Supreme Court from a judgment in the District Court for the defendant, in a proceeding charging an attorney with fraudulent or dishonorable conduct.