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7 revisions | Taleb at May 22, 2020 05:53 PM | |
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Page 30833-C-165 THE STATE OF NEBRASKA VS MONDAY McFARLAND MOTION AND AFFIDAVIT In the District Court of Lancaster County, Nebraska. State of Nebraska ) Come now said defendants and protest agaisnt the further appearance in this cause of CM Lambertson and FM Hall; and now moves the Court to exclude them, and each of them, from further appearance in said cause and asks the Court to make an order herein prohibiting said counsel from taking further action or part in said trial, for the following reasons, to-wit: First-- For the reason that neither of said counsel have been appointed by the Court to assist the County Attorney as required by law. Second-- For the reason that it has been shown that each and both of said counsel have been employed by private parties to prosescute this action on the part of the State and are to receive fees from said private parties for the same. Third--For the reason that defendants have been prejudiced in their defense by the appearance and prosecution of said counsel, all of which is contrary to and agaisnst public policy as well as the law. Fourth-- For the reason that neither of said counsel are duly elected, qualified and acting County Attorney for said Lancaster County. This motion supported by affidavit of Lorenzo W Billingsley, filed herewith. Monday McFarland and Mary Sheedy, State of Nebraska, ) State of Nebraska ) Lorenzo W Billingsley, being first duly sworn, on oath says, that he had a conversation with one G M Lambertson, who appears as counsel and attorney for the State of Nebraska in the above entitled cause, on Sunday the 17th day of May, 1891, wherein said Lambertson stated to this affiant that he was employed in said action on the part of Dennis Sheedy and other heirs of John Sheedy, deceased; that he had no stipulated or agreed fee, with said Hall for his services, but what he expect- | Page 30833-C-165 THE STATE OF NEBRASKA VS MONDAY McFARLAND MOTION AND AFFIDAVIT In the District Court of Lancaster County, Nebraska. State of Nebraska ) Come now said defendants and protest agaisnt the further appearance in this cause of CM Lambertson and FM Hall; and now moves the Court to exclude them, and each of them, from further appearance in said cause and asks the Court to make an order herein prohibiting said counsel from taking further action or part in said trial, for the following reasons, to-wit: First-- For the reason that neither of said counsel have been appointed by the Court to assist the County Attorney as required by law. Second-- For the reason that it has been shown that each and both of said counsel have been employed by private parties to prosescute this action on the part of the State and are to receive fees from said private parties for the same. Third--For the reason that defendants have been prejudiced in their defense by the appearance and prosecution of said counsel, all of which is contrary to and agaisnst public policy as well as the law. Fourth-- For the reason that neither of said counsel are duly elected, qualified and acting County Attorney for said Lancaster County. This motion supported by affidavit of Lorenzo W Billingsley, filed herewith. Monday McFarland and Mary Sheedy, State of Nebraska, ) State of Nebraska ) Lorenzo W Billingsley, being first duly sworn, on oath says, that he had a conversation with one G M Lambertson, who appears as counsel and attorney for the State of Nebraska in the above entitled cause, on Sunday the 17th day of May, 1891, wherein said Lambertson stated to this affiant that he was employed in said action on the part of Dennis Sheedy and other heirs of John Sheedy, deceased; that he had no stipulated or agreed fee, with said Hall for his services, but what he expect- |