
    [No. 4680.]
    The People ex rel. The Colorado Bar Association v. Alfred M. Nicholas.
    1. Attorneys at Law — Rule to Show Cause — No Appearance— Default — Proof.
    Where a rule to show cause, together with a copy of the petition and information, were duly served upon the respondent in disbarment proceedings, and no answer has been filed or appearance made by him, upon default being entered .and proofs having been taken by the petitioner supporting such charges, such respondent’s name will be stricken from the roll of attorneys in this state. — P. 43.
    2. Same — Professional Misconduct — Moneys collected and not paid over.
    Where an attorney at law receives money as collections for his clients by virtue of his employment as an attorney, and refuses and neglects to pay the same over to them upon demand and tender of his fees and expenses, his name will be 'stricken from the roll of attorneys in this state in disbarment proceedings. — P. 43.
    
      Original Proceeding in Disbarment.
    
    Original proceeding in disbarment by the People on the relation of the Colorado Bar Association against Alfred M. Nicholas.
    
      Respondent disbarred.
    
    Mr. Frederick H. Randall (Mr. A. W. Gtllette of counsel), for petitioner.
   Per Curiam.

Upon the petition and relation of The Colorado Bar Association, the attorney general filed an information against Alfred M. Nicholas, an attorney of this court, containing several distinct charges, set up as separate causes of complaint, in which professional misconduct is alleged against respondent in that, by virtue of his employment as an attorney, he received money as collections for his clients upon claims due them, which he has refused, and still refuses and neglects, to pay oyer and deliver to his clients, who are entitled to receive them, although often requested so to do, after a demand and tender of his fees and expenses .for his services.

A rule to show cause, together with a copy of the petition and information, was duly served upon the respondent, and neither within the time limited by the rule for that purpose, nor at all, has he appeared herein to file his answer thereto, or in any wise respond to the information. Default for such failure has been entered, and proofs have been taken by the petitioner in support of the charges, from which it appears, and is so found, that the two separate causes of complaint contained in the first two causes of action have been established. We are therefore compelled, under our statute governing the subject, because of such misconduct by respondent, to strike his name from the roll of attorneys of this state, which is accordingly done.

Respondent disbarred.

Decision en banc.  