255 S.W. 994 | Tex. App. | 1923
We are not, however, inclined to apply this principle in this case. On the contrary, we think the question is dependent, not upon the issue of abandonment, but rather upon the status of the appellee as an attorney vel non at the time of the levy in question. To illustrate, it was held in Comstock v. Lomax,
"With regard to the effect of suspension or disbarment, it is the general rule that a disbarred attorney can appear in court only in circumstances entitling any layman to appear. His status is the same as of one who has never been admitted to practice. An attorney who has been suspended from the practice of his profession is guilty of contempt of court if he retains upon his office door and stationery the statement that he is an attorney, and consults with clients, makes collections, and does other legal work, the same as before his suspension, except so far as it requires his appearance in court proceedings, although in so doing he acts upon advice of counsel."
In Danforth v. Egan, by the Supreme Court of South Dakota,
In McCarthy v. Payne, by the Supreme Court of Michigan,
In 4 Cyc. p. 982, it is said that it is generally held that if one acts as an attorney without a proper license from the court he cannot recover by suit his fees for thus acting.
In 25 Corpus Juris, 35, it is said:
"Statutes exempting property to enable a person to carry on his trade or business are not to be construed as exempting property kept or used by a person in carrying on an unlawful trade or business. The trade must be a lawful one, and it must be lawful at the time the exemption is claimed. A trade which, when established, is carried on within the law, but which later is carried on in violation of law, and is unlawful at the time exemption is claimed, is not within the protection of the statute."
Of course, we do not wish to be understood as holding that an attorney at law or other professional man, who by reason of sickness or other lawful cause temporarily ceases the practice of his profession, and ceases to use the books and apparatus pertaining thereto is not entitled to the exemption specified in the statute. But in all such cases the right to practice exists, and he may, without offense or penalty of the law, practice his profession and use his books and apparatus that pertains thereto; but in the case before us appellee, at the time of the levy in question, did not have the status of an attorney at law, and was not lawfully entitled to practice as such, and it cannot be said with certainty, from the facts as presented in this record, that he will ever be able to lawfully do so.
We accordingly hold, regardless of other attacks made upon the judgment, that the court erred in perpetuating the injunction in this case, because of which error the judgment will be reversed and the writs of injunction, both temporary and permanent, vacated and set aside, and it will be so adjudged, with orders that our judgment be certified below for observance, and for such further writs or proceedings in behalf of appellants as they may be entitled to.