Douglass v. Boylston
Supreme Court of Georgia
Money Rule. Attorney and Client. Homestead. Constitutional Larv. Before J. H. GUERRY, Esq., Judge pro hac vice. Randolph Superior Court. May Term, 1882. A fi. fa. in favor of E. L. Douglass and L. D. Monroe against R. D. Carter was levied on certain property, which was sold ; the money being brought into court for distribution, various claims were filed thereto.
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Money Rule. Attorney and Client. Homestead. Constitutional Larv. Before J. H. GUERRY, Esq., Judge pro hac vice. Randolph Superior Court. May Term, 1882. A fi. fa. in favor of E. L. Douglass and L. D. Monroe against R. D. Carter was levied on certain property, which was sold ; the money being brought into court for distribution, various claims were filed thereto. Among others Boylston et al., surviving partners, claimed that portion of the fund which would be going to Douglass by virtue of a fi- fa. against him. His wife, Mrs. Douglass, was made a party, and prayed that the fund be paid to the…
1Opinion of the Court
Jackson, Chief Justice.
1. Two questions are made in this record: First, does the debt or liability of an attorney at law to his client date from the time he receives and receipts for a note for collection, or from the time when he collects the money, so as to give the creditor and client of the attorney pref erence to a fund in the sheriff’s hands belonging to the attorney, over the right of the widow and child of the attorney to a homestead out of it, the receipt of the attorney antedating the constitution of 1868, and the actual collection of the money by the attorney being subsequent to…
2Cases cited4 opinions
- Drinkwater v. MoremanSupreme Court of Georgia · 1878
- VanDyke v. KilgoSupreme Court of Georgia · 1875
- Chambliss v. JordanSupreme Court of Georgia · 1873
- Jones v. EhrlischSupreme Court of Georgia · 1880
3Cited by1 opinion
- Dunagan v. WebsterSupreme Court of Georgia · 1894