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Ex parte Perkins

Ex parte Perkins, 71 So. 2d 558 (La. 1954)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
February 15, 1954
Docket
No. 41246
Judges
Fournet
Citations
71 So. 2d 558224 La. 10341954 La. LEXIS 1175

Opinion of the Court — Fournet

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FOURNET, Chief Justice.

John E. Perkins addressed a petition to the Nineteenth Judicial District Court in and for the Parish of East Baton Rouge (without joining any parties defendant) in which he alleged he is a resident of Baton Rouge, Louisiana, and although not licensed to practice law in this state is a duly qualified member in good standing of the Mississippi State Bar, seeking a judgment declaring whether under Section 7 of Act No. 202 of 1932 (termed the “reciprocity” statute) he is entitled, as a member of the Mississippi Bar, to appear before the Nineteenth Judicial District Court (1) as a visiting attorney, (2) alone, or (3) in association with a duly qualified member of the Louisiana State Bar. The Louisiana State Bar Association intervened and filed numerous exceptions which, by agreement, 'were pretermitted and the case tried on the merits.

The trial judge, in a well considered opinion, in which we fully concur, pointed out that under the pertinent provisions of the Revised Statutes of 1950, into which Act No. 202 of 1932 with its amendments' has been incorporated, no one may practice law in this state “who has not been first duly and regularly licensed and admitted to practice.law by the supreme court of this statej” LSA-R.S. 37:213, except (1) a visiting attorney duly licensed in another state and temporarily present in Louisiana who is acting in association with a duly licensed" Louisiana attorney, such visiting attorney, however (2) being permitted to practice law in Louisiana alone and without associating a Louisiana attorney if he comes from a state that has adopted a rule of reciprocity that permits a duly licensed and qualified Louisiana attorney “to appear alone as an attorney in all courts of record in the other state”. LSA-R.S. 37:214. But he concluded that inasmuch as the petitioner, according to his own *1038 allegations and testimony, is now and has. been for more than 30 years a resident of Baton Rouge, Louisiana, as well as a qualified voter of that city, he is not a “visiting attorney” within the clear language of the statute and, therefore, not entitled to come under its provisions.

The judgment appealed from is affirmed at appellant’s cost.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 11974: 12002: 119592026peak 1959 · 1

Relies on it most ⓘ

  1. Williams v. City of New Orleans ex rel. Public Belt Railroad Commission815 So. 2d 311 (La. Ct. App. 2002)
  2. Alva Owen Hawkins v. Honorable Joseph R. Moss, Chief Justice503 F.2d 1171 (4th Cir. 1974)
  3. Application of Avery352 P.2d 607 (Haw. 1959)

Most recent

  1. Williams v. City of New Orleans ex rel. Public Belt Railroad Commission815 So. 2d 311 (La. Ct. App. 2002)
  2. Alva Owen Hawkins v. Honorable Joseph R. Moss, Chief Justice503 F.2d 1171 (4th Cir. 1974)
  3. Application of Avery352 P.2d 607 (Haw. 1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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