in an attorney cannot be tolerated. In military law the punishment of death is provided for a soldier who in time of battle treacherously yields or pusillanimously cries for quarter. According to the ethics of the legal profession disbarment is the penalty for the attorney who, having accepted employment, treacherously deserts his client and sacrifices his interests. In this case the respondent is accused of appropriating to his own use money received in settlement of his client's case, and also of having deprived his client of notes put in his hands for collection and prevented him from collecting the indebtedness secured by the said notes. While there is some doubt, as found by the commissioner, about the truth of the first charge, there is no doubt about the last, and under the circumstances of the case. charge was as grave as the other so far as respondent's client was concerned. As we view the case, we feel it our duty, disagreeable though it may be, to sustain the objections to the commissioner's report and to make the rule against the respondent absolute. Rule made absolute. INDEX. ACCESSORIES.-See CRIMINAL LAW. ACCOUNTING. an accounting on unpaid notes is not germane to suit to ACCRETIONS.-See WATERS. ACTIONS AND DEFENSES. PAGE. 376 constitutional provisions exempting State from suit do not 513 effect where the plaintiff's evidence establishes an affirma- 571 ADMINISTRATION.-See EXECUTORS. when heirs may file a bill to set aside assignment of de- 26 when the question of necessity of administration cannot 26 AFFIDAVITS. affidavit in support of petition for quo warranto cannot be AGENCY.-See PRINCIPAL AND AGENT. ALIBI. 540 an alibi need not be positively proved to support acquittal. 71 AMENDMENTS. when an amendment to a bill does not affect temporary injunction .... PAGE. 605 when amendments to record of suit for injunction may be APPEALS AND ERRORS. when the Supreme Court cannot take jurisdiction by di- 23 when question of necessity of administration cannot be 26 70 a court of review must determine whether there is a rea- 139 ... 167 248 meaning of the term "actions ex contractu," in section 121 287 in an action ex contractu the judgment of the Appellate 287 when a decree will be affirmed for failure to file abstract 337 when merits of a case cannot be considered by Supreme 338 when a freehold is not involved on appeal by purchaser of 345 .... 397 Supreme Court may, in its discretion, consider errors not 411 .... 435 trial court's discretion in taxing costs should not be dis- 485 when Appellate Court should not enter final judgment on ..... 550 when certificate by Appellate Court that a case involves questions of law does not present such questions... 570 582 APPEALS AND ERRORS.-Continued. pleading to a writ of error is governed by common law ASSUMED RISK.-See NEGLIGENCE. ATTESTATION.-See WILLS. ATTORNEYS AT LAW.-See SOLICITORS' FEES. adverse circumstances will not excuse misappropriation of PAGE. 338 107 .. 107 when attorney is not exempted from prosecution for his BENEFIT SOCIETIES. non-payment of dues is sufficient ground for declaring a 634 571 a benefit certificate is prima facie evidence of good stand- ..... 571 when question whether a traveler on right of way was a 571 meaning of words "unnecessarily exposing himself to dan- 572 BILLS OF EXCEPTIONS. 184 bill of exceptions in criminal case should show what in- BILLS AND NOTES. presentment to the drawee and notice of dishonor are nec- 248 lack of funds in hands of drawee does not excuse present- 249 |