Legal Opinion

West v. Hill & Adams

Court of Appeals of Georgia

Decided April 19, 1919No. 10069PublishedCited by 4 opinions

Rule; from Fulton superior court—Judge Ellis. July 24, 1918. Mary Lou West, administratrix of the estate of J. Oscar West, employed Hill and Adams, as attorneys at law, to collect from the Southern Railway Company a claim for damages on account of the death of J. Oscar West, and signed a paper giving them authority for that purpose, a part of which is as follows: "Therefore you are directed to collect damages or any amount of money to which I am entitled as administratrix. .…

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Rule; from Fulton superior court—Judge Ellis. July 24, 1918. Mary Lou West, administratrix of the estate of J. Oscar West, employed Hill and Adams, as attorneys at law, to collect from the Southern Railway Company a claim for damages on account of the death of J. Oscar West, and signed a paper giving them authority for that purpose, a part of which is as follows: "Therefore you are directed to collect damages or any amount of money to which I am entitled as administratrix. . , either by suit or settlement, and in consideration of such services I hereby agree to pay the said Hill and Adams ten…

1Opinion of the CourtJenkins, J.

1. “Where attorneys retain in their hands the money of their clients after it has been demanded, they are liable to rule (and otherwise) as sheriffs are, and incur the same penalties and consequences.” Civil Code (1910), § 4954. The judge having jurisdiction of the application may grant a rule nisi thereon against the attorney subject thereto (Civil Code, § 5346) ; and upon such rule nisi being granted, the attorney should respond in writing under oath, and if such answer is not denied the rule will be discharged or made absolute according as the court may deem the answer sufficient or not;…

2Cases cited4 opinions

  1. In Re PaschalSupreme Court of the United States · 1871
  2. Alfred Struck Co. v. SlicerCourt of Appeals of Georgia · 1918
  3. Haygood v. HadenSupreme Court of Georgia · 1904
  4. Hawkins v. SmithSupreme Court of Georgia · 1876

3Cited by4 opinions

  1. Felton v. SmithCourt of Appeals of Georgia · 1936
  2. West v. HauptCourt of Appeals of Georgia · 1982
  3. Aiken v. RichardsonSupreme Court of Georgia · 1954
  4. Hill & Adams v. WestCourt of Appeals of Georgia · 1923

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