Davies & Davies v. Patterson
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, ' Judge; STATEMENT OE EAOTS. This suit was commenced as a summary proceeding by a client against his attorneys to compel them to surrender money collected for them. The attorneys filed aii answer verified by affidavit showing that there was a bona fide dispute as to the facts on which the right of the attorneys to retain the money was dependent.
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Appeal from Garland Circuit Court; Scott Wood, ' Judge; STATEMENT OE EAOTS. This suit was commenced as a summary proceeding by a client against his attorneys to compel them to surrender money collected for them. The attorneys filed aii answer verified by affidavit showing that there was a bona fide dispute as to the facts on which the right of the attorneys to retain the money was dependent. The attorneys claimed the right to retain the money under án agreement with the client which was in writing and which was made a part of their answer. They also set up other facts tending to show their…
1Opinion of the Court
HART, J.,
(after stating the facts). It appears from the facts stated in the record that Patterson suffered .a fire loss and failed to effect a settlement with the insuranee companies in which, his property was insured. He employed Davies & Davies as his attorneys in the matter and entered into a written contract with them. Patterson instituted proceedings for a summary judgment against Davies & Davies to recover the money collected by them from the insurance companies for him. Because they filed an answer supported by an affidavit setting up a bona fide defense to the proceeding, the Supreme…
2Cases cited4 opinions
- Church v. GallicSupreme Court of Arkansas · 1905
- Sallee v. Bank of CorningSupreme Court of Arkansas · 1918
- Davies v. PattersonSupreme Court of Arkansas · 1918
- Cargill v. MatthewsSupreme Court of Arkansas · 1918
3Cited by4 opinions
- Boone v. LightnerSupreme Court of the United States · 1943
- Modern Industrial Bank v. GrossmanCity of New York Municipal Court · 1943
- Boone v. LightnerSupreme Court of the United States · 1943
- Parker v. WilliamsSupreme Court of Arkansas · 1927