Price v. White
Supreme Court of Georgia
Attorney and Client. Judgments. Debtor and Creditor. Before Judge Fain. Bartow county. At Chambers. October 24,1882. Price filed his bill against White as plaintiff in fi. fa., Johnson as his attorney, and Franklin, the sheriff, for the purpose of enjoining a fi. fa. in favor of White, usee, against Hood, Johnson, complainant and others, from proceeding to subject the property of complainant.
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Attorney and Client. Judgments. Debtor and Creditor. Before Judge Fain. Bartow county. At Chambers. October 24,1882. Price filed his bill against White as plaintiff in fi. fa., Johnson as his attorney, and Franklin, the sheriff, for the purpose of enjoining a fi. fa. in favor of White, usee, against Hood, Johnson, complainant and others, from proceeding to subject the property of complainant. The bill alleged, in brief, as-follows: Plaintiff in fi. fa. obtained the judgment on which said fi.fa. issued on September 11, 1860, for $106.60 principal, besides interest and costs. Shortly before, or…
1Opinion of the Court
Jackson, Chief Justice.
This bill was filed to stop the levy of a fi. fa. in favor of White vs. the plaintiff in error, Abda J ohnson and others, on the ground that Johnson was a co-surety with the plaintiff in error, and collected enough money to pay off the fi. fa. from said plaintiff, on other claims put in his hands, and failed to pay it off. The bill was dismissed for want of equity.
We are unable to see any error in it. Conceding that *383the allegation is sufficient to charge Johnson as attorney for White on White’s claim, it was for the plaintiff in error that he collected it on other…
2Cases cited1 opinion
- Pease v. Dibble & BunceSupreme Court of Georgia · 1876
3Cited by4 opinions
- Security Co. v. GraybealSupreme Court of Iowa · 1892
- Hatch v. HutchinsonSupreme Court of Arkansas · 1897
- Whatley v. CarpenterSupreme Court of Georgia · 1944
- Driver v. Planters' Mutual Insurance Ass'nSupreme Court of Arkansas · 1906