Haygood v. Haden
Supreme Court of Georgia
Eule. Before Judge Littlejohn. Macon superior court. May 12, 1903. Haden brought a petition iu Macon county, alleging that on the 26th of July, 1900, he delivered to Haygood a number of papers and documents in the matter of a claim of Wilson, involving certain real estate in Irwin County; that these papers were receipted for by Haygood as attorney at law, and received under an agreement between himself and Haygood that the fees in the case should be divided equally; that the…
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Eule. Before Judge Littlejohn. Macon superior court. May 12, 1903. Haden brought a petition iu Macon county, alleging that on the 26th of July, 1900, he delivered to Haygood a number of papers and documents in the matter of a claim of Wilson, involving certain real estate in Irwin County; that these papers were receipted for by Haygood as attorney at law, and received under an agreement between himself and Haygood that the fees in the case should be divided equally; that the suit was brought in Irwin county, and the plaintiff recovered; that Haygood collected the fees, and now has in his…
1Opinion of the CourtLamar, J.
Attorneys who retain in their hands the money of their clients are liable to rule. Civil Code, § 4416. The remedy is penal in its nature, and must be strictly construed. Banks v. Cage, 1 Howard (Miss.), 293. The right grows out of the relation of attorney and client, and the remedy is expressly limited to the client, not being available to the client’s "assignee. Nor *465can the attorney rule the client, though the latter has possession of the fund created by the counsel’s services, and for which he has a lien. Whittle v. Newman, 34 Ga. 378. Nor is a rule intended as a means of enforcing the…
2Cases cited2 opinions
- Smith v. GoodeSupreme Court of Georgia · 1859
- Whittle v. NewmanSupreme Court of Georgia · 1866
3Cited by14 opinions
- Smith v. International LawyersCourt of Appeals of Georgia · 1926
- Clark v. HilliardCourt of Appeals of Georgia · 1917
- Breen v. PhillipsSupreme Court of Georgia · 1929
- Felton v. SmithCourt of Appeals of Georgia · 1936
- Knight v. RogersCourt of Appeals of Georgia · 1918
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