Smith v. Bush
Supreme Court of Georgia
Attorney and Client. Rule. Practice in the Superior Court. Attachment. Contempt. Demand. New Trial. Before Judge Clark. Webster Superior Court. September Term, 18Y6. Bush moved a rule against Smith requiring him to show cause why he should not pay over an amount of money collected by him, as movant’s attorney, on a note made by one King, placed in his hands for collection.
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Attorney and Client. Rule. Practice in the Superior Court. Attachment. Contempt. Demand. New Trial. Before Judge Clark. Webster Superior Court. September Term, 18Y6. Bush moved a rule against Smith requiring him to show cause why he should not pay over an amount of money collected by him, as movant’s attorney, on a note made by one King, placed in his hands for collection. Smith answered, in substance, as follows: Admits that the note was placed in his hands by movant, for collection, he then being a practicing attorney. Admits the collection of $60.00 on the claim, but avers that such sum…
1Opinion of the Court
Bleckley, Judge.
1. When an attorney at law is ruled for not paying over money collected, Ms answer to the rule is traversable; and the issue thus formed is for trial by a jury. Code, §§ 3950, 3953, 3954.
2. The verdict is not without sufficient evidence to support it, on the special matter put in issue by the answer and the traverse.
3. An attorney at law is an officer of court, and a rule absolute against Mm may be enforced by attachment for contempt, or by execution against his property, at the option of the plaintiff. Code, §3956.
4. Where the record is silent as to demand upon the attorney…
2Cited by3 opinions
- Smith v. McLendonSupreme Court of Georgia · 1877
- Wilfong v. Ontario Land Co.Court of Appeals for the Ninth Circuit · 1909
- Aiken v. RichardsonSupreme Court of Georgia · 1954