In Re Collins

The petitioner herein applies for an order vacating and setting aside a former order of this court made on July 19, 1909, striking from the roll of attorneys and counselors the name of said petitioner. It appears from the face of the moving papers and also of the records of this court that the action of the court in making said order was taken upon the receipt by it of a certified copy of the record of the conviction of the petitioner of a felony involving moral turpitude; and it also affirmatively appears that said action was taken by the court and said order made by it ex parte and without the service upon the petitioner of any order to show cause, citation, or other process or notice. The present contention of the petitioner which forms the ground of his said motion is that the said order thus made was and ever since has been and still is void; that this court did not acquire or have jurisdiction to make said order and that by the making of the same without notice or other process served upon him he has been deprived of his liberty and property without due process of law and has been denied the equal protection of the laws in violation of the federal constitution.

The…