Legal Opinion

Union Building & Saving Ass'n v. Soderquist

Supreme Court of Iowa

Decided October 5, 1901PublishedCited by 14 opinions

Appeal from Boone District Court. — Hon. J. B. Whitaker, Judge. Plintiee, in 1891, recovered judgment in the district court of Boone county in a foreclosure proceeding against Soderquist, in which Reed was attorney fox plaintiff.

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Appeal from Boone District Court. — Hon. J. B. Whitaker, Judge. Plintiee, in 1891, recovered judgment in the district court of Boone county in a foreclosure proceeding against Soderquist, in which Reed was attorney fox plaintiff. In 1899 plaintiff, by its receiver, filed a motion in said cause, asking judgment against said Reed for $563.58, the amount of the judgment against Soderquist, - claiming that said amount had been paid to and received by said Reed as attorney for the association, and that he had neglected and refused to pay^said sum over to the plaintiff, although it had been…

1Opinion of the CourtMcClain, J.

1 *6982 3 *6994 *697At common law the courts entertain summary proceedings by a client against his attorney to compel payment of money received by the attorney for his client. Such proceedings are based on the principle that the co-urt has power “over it's own officers to prevent them from, or punish them for, committing acts of dishonesty or impropriety calculated to bring contempt upon the administration of justice.” Schell v. City of New York, 128 N. Y. 67, (27 N. E. Rep. 957) ; In re Paschal, 10 Wall 483, (19 L. Ed. 992). “The ground of the jurisdiction thus exercised is the alleged misconduct of the…

2Cases cited19 opinions

  1. In Re PaschalSupreme Court of the United States · 1871
  2. Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
  3. In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
  4. Schell v. Mayor of New YorkNew York Court of Appeals · 1891
  5. Balsbaugh v. FrazerSupreme Court of Pennsylvania · 1852

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3Cited by14 opinions

  1. Smith v. ADM Feed Corp.Supreme Court of Iowa · 1990
  2. Akers v. AkersSupreme Court of Minnesota · 1951
  3. In Re Disbarment of CloudSupreme Court of Iowa · 1933
  4. Charest v. BishopSupreme Court of Minnesota · 1917
  5. People's Savings Bank v. ChesleySupreme Judicial Court of Maine · 1942

9 more not listed; retrieve them via the Exa API.

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