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In re Wray

142 N.Y.S. 186 Court N.Y. App. Div. Decision date 1913-06-13 English

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p. 186
In re WRAY.
(Supreme Court, Appellate Division, First Department.
June 13, 1913.)

Headnote

Attorney and Client (§ 10[1] )—Admission of Attorneys—Attorneys of Other Jurisdictions—“Member of Bar.”
Court of Appeals rule 2 provides that any person admitted; who has practiced for five years as a member of the bar in another country whose jurisprudence is based on the principles of the English common law, may be admitted to practice in New York without examination. Held, that membership in the bar has a well-defined meaning, not satisfied merely by license to practice as an attorney or solicitor, So that to entitle a person to admission on his being a member of the bar of England, Ireland, and Scotland he must have been admitted to practice in the highest court of some part of the kingdom of Great Britain and Ireland.
[Ed. Note.—For other cases, see Attorney and Client, Cent. Dig. § 14;
Dec. Dig. § 10.*]
In the matter of the application of Charles P. Wray to be admitted to- practice as an attorney and counselor at law. Application denied.
Argued before INGRAHAM, P. J., and LÁUGHLIN, SCOTT, DOWLING, and HOTCHKISS, JJ.

Rule 2 of the rules of the Court of Appeals for the admission of attorneys and counselors at law provides that any person admitted to practice, who has practiced for five years as a member of the bar in another country whose jurisprudence is based on the principles of the English common law, may be admitted to practice without examination. Membership in the bar has a well-defined meaning, and a person admitted merely to practice as an attorney or solicitor is not within this definition. To entitle a person to admission under this rule, based upon his being a member of the bar of England, Ireland, or Scotland, he must have been ádmitted to the bar, and as such entitled to practice in the highest court of some part of the kingdom of Great Britain and Ireland.

The application is therefore denied.