Document Type

Response or Comment

Publication Date



The petitioner asked to be reinstated. The court, excepting Justice Fellows, who concurred in the result but expressed no opinion, said they would be glad to reinstate him but for the fact that he was a non-resident, which in their opinion made him ineligible, but they gave their endorsement of his good character by vacating the order of disbarment. The questions which occur are these: 1. Did the court have the power to vacate its order of disbarment after the time for opening, amending or vacating judgments had passed? 2. Did the vacation of the order of disbarment operate ipso facto as a reinstatement? 3. Can reinstatemeni be ordered without a compliance with the statutory conditions for admission in the first instance? 4. Did the petitioner's application, in view of his expressed intention to continue in business in Tennessee, raise anything more than a moot question? 4. Does non-residence absolutely preclude membership in a state bar? 6. Did the petitioner show a meritorious case for reinstatement?