Smith v. State
Tennessee Supreme Court
An information was exhibited to the Hon. Wm. E. Kennedy, one of the circuit judges of the State, against Calvin M. Smith, a member of the bar, and an attorney m the circuit court of Maury county, chargipg; 1st. that the said Smith, whilst an attorney of said court, had accepted in the State of Tennesee, a challenge from Robert M. Brank to fight a duel; 2d, that said Smith, in the State of Kentucky, did fight a duel with said Robert M. Brank; 3d, that in said duel said Brank…
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An information was exhibited to the Hon. Wm. E. Kennedy, one of the circuit judges of the State, against Calvin M. Smith, a member of the bar, and an attorney m the circuit court of Maury county, chargipg; 1st. that the said Smith, whilst an attorney of said court, had accepted in the State of Tennesee, a challenge from Robert M. Brank to fight a duel; 2d, that said Smith, in the State of Kentucky, did fight a duel with said Robert M. Brank; 3d, that in said duel said Brank was slain, and that said Smith stood indicted in the said State of Kentucky for murder. The defendant Smith was served…
1Opinion of the Court
Catron, Judge.
That an attorney may be stricken from the roll for good cause, none can doubt. 1 Mart, and Yerger’s Rep. 70, 71; Stat. 4 H. 4, C. 18; St. Westminster 1, C. 39; 2 Inst. 213, 14, 15.
Much inquiry has been made into the powers of the courts to remove attorneys; if the old statute of H. 4, had been examined, that which has been searched for, and found obscurely hinted at in so many authors, could have been found in a short paragraph; the statute first provides that all who are of good fame shall be put upon the roll, after examination of the Justices, at their discretion, and after…
2Cited by5 opinions
- Memphis & Shelby County Bar Association v. VickCourt of Appeals of Tennessee · 1955
- Cantor v. BradingCourt of Appeals of Tennessee · 1973
- Memphis & Shelby County Bar Ass'n v. SandersonCourt of Appeals of Tennessee · 1963
- Connie Reguli v. Board of Professional Responsibility of the Supreme Court of TennesseeTennessee Supreme Court · 2026
- Memphis & Shelby County Bar Ass'n v. SandersonCourt of Appeals of Tennessee · 1963