Jones v. Word & Mauldin
Court of Appeals of Georgia
' Certiorari; from Fulton superior court—Judge Ellis. October 30, 1918. Jones owed Word & Mauldin $226.18, the amount of an open account for merchandise* running from February to July, 1917. On October 1, 1917, suit against Jones for a sum less than the amount due on the account was brought thereon in the municipal court of Atlanta in the name of Wood & Mauldin by their attorney at law, and garnishment was sued out; it being stated in the suit that it was for “balance due on…
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' Certiorari; from Fulton superior court—Judge Ellis. October 30, 1918. Jones owed Word & Mauldin $226.18, the amount of an open account for merchandise* running from February to July, 1917. On October 1, 1917, suit against Jones for a sum less than the amount due on the account was brought thereon in the municipal court of Atlanta in the name of Wood & Mauldin by their attorney at law, and garnishment was sued out; it being stated in the suit that it was for “balance due on account for merchandise and groceries, $126.18.” A few days later the defendant paid to the attorney who brought the…
1Opinion of the CourtLuke, J.
It is well settled that an attorney at law can not without special authority receive anything in discharge of his clients claim but the full amount in cash. Civil Code (1910), § 4956. Upon the agreed statement of facts the trial court did not err' in rendering the judgment complained of; and it was, (therefore, not error for the judge of the • superior court to overrule the certiorari.
Judgment affirmed.
Wade, C. J., and Jenkins, J., concur. Lawton Nalley, for plaintiff in error, cited:
Evans v. Collier,79 Ga. 319; Johnson v. Klassett,9 Ga. App. 733; Civil Code (1910), § 4389; Thompson v.…
2Cases cited8 opinions
- Atlantic Coast Line R. v. BlalockCourt of Appeals of Georgia · 1910
- Kaiser & Brother v. HancockSupreme Court of Georgia · 1898
- Thompson v. McDonaldSupreme Court of Georgia · 1889
- Evans v. CollierSupreme Court of Georgia · 1887
- Johnson v. KlassettCourt of Appeals of Georgia · 1911
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3Cited by1 opinion
- Fairburn Supply Co. v. Crumley-Sharp Hardware Co.Court of Appeals of Georgia · 1924