Majority
p. 617In the Matter of John E. Mason, a Student at Law. (Court of Appeals, Filed, December 19, 1893,)
Headnote
Attorneys—Admission.The court of appeals will not dispense with subd. 8 of its rule 4 in favor of a student whom his academy did not notify of his failure to pass in one of the required studies.
Appeal from supreme court, general term, fourth department.
John E. Mason a student at law, moves the court for exemption from rule 4, subd. 3, requiring proof that an applicant for .examination for admission to practice as attorney or counselor at law, within three months after beginning his clerkship, passed the regents’ examination ; this, on the ground that applicant’s academy had failed to inform him of his failure to pass in one of the required subjects. Motion denied.
McMahon & Ourtin, for the motion.
This seems to be a hard case on the law student, and the blame of his failure to know that he had not passed in the particular study in September, 1890, seems to lie equally upon the Rome Academy and upon himself. Under our decision in Re Moore, 108 N. Y. 280 ; 13 St. Rep. 621 , we think we cannot grant the present application. The motion is denied. £
All concur, except Peckham, J., dissenting.
Cases cited
- In re Moore 108 N. Y. 280 p. 617