White v. Ward
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. 0. Nesmith. Motion by M. L. Ward as an administrator de bonis non of the estate of Zuma Allred against H. K. White, for a summary judgment against him as attorney for failing to pay over money collected by him. Judgment for plaintiff and defendant appeals. Appellee is not entitled to tlie money.
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Appeal from Birmingham City Court. Heard before Hon. C. 0. Nesmith. Motion by M. L. Ward as an administrator de bonis non of the estate of Zuma Allred against H. K. White, for a summary judgment against him as attorney for failing to pay over money collected by him. Judgment for plaintiff and defendant appeals. Appellee is not entitled to tlie money. The cause of action upon which the suit was founded and In which the money was recovered arose under section 26, Code 1896, and the fruits of such recovery went to the parents of Zuma Allred, not as heirs, hut in their individual right as father…
1Opinion of the CourtTyson, C. J.
— A motion was filed in the court below, under section 3810 of the Code of 1896, to recover judgment against the appellant for money collected by him as an attorney and not paid over on demand. The appellant’s intestate was an infant child of one Allred, who was killed by a railroad, and whose administrator, Mc-Carley, brought suit to recover damages therefor. The appellant was employed as associate counsel in the case, *349and thereafter conducted the suit to a successful termination, recovering $3,298. McCarley having removed from the state, the appellee ivas appointed administrator de bonis…
2Cases cited12 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- In Re PaschalSupreme Court of the United States · 1871
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Eustis v. City of HenriettaTexas Supreme Court · 1897
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
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