Shackleford v. Ford

Hart, J.,

(after stating the facts). This action was commenced as a summary proceeding under the statute to recover money which the defendant, as an attorney, had collected for the plaintiff and failed to pay the same over on demand. See Crawford &• Moses’ Digest, §§ 609 and 6250.

The defendant filed an answer, alleging facts which, if proved, constituted a good defense to the action, and his answer was duly verified to show that it was a bona fide one.

A motion for a summary judgment under the statute should not be allowed where there appears a real issue of fact between the parties or a…