Smith v. Goode
Supreme Court of Georgia
Rule, in Upson Superior Court. Decision by Judge Cabaniss, at May Term, 1859. The foregoing cases, all depending upon the same or simiSar facts, and the same decision being made in each, by the Court below, were heard together in the Supreme Court.
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Rule, in Upson Superior Court. Decision by Judge Cabaniss, at May Term, 1859. The foregoing cases, all depending upon the same or simiSar facts, and the same decision being made in each, by the Court below, were heard together in the Supreme Court. The following rule was taken out against James M. Smith, James S. Walker, Nathaniel F. ^ Walker, Jr, an'd Daniel Grant, Trustee for Frances C. Coleman, vs. Nathaniel F. Walker, Sen’r, ex’or of Allen M. Walker, dec’d, and Nathaniel F. Walker, individually. “ It appearing to the Court that the defendant, Nathaniel F. Walker, executor of Allen M.…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Motion was the form of procedure in this case, and the first question is, was that an allowable form of procedure?
[1.] Motion is an ordinary form of procedure against attorneys at law, "sheriffs, clerks, and other officers of Court, te enforce rights existing against them, in their official character, such as the right to money collected by them for suitors-That the plaintiff may rule his attorney for money of his, collected by the attorney, there can be no doubt. And if the> plaintiff may rule him in that case, why may not an associate attorney…
2Cited by7 opinions
- Robinson v. Air Draulics Engineering CompanyTennessee Supreme Court · 1964
- Haygood v. HadenSupreme Court of Georgia · 1904
- Bigham v. ColemanSupreme Court of Georgia · 1883
- Walker v. FloydSupreme Court of Georgia · 1860
- Breen v. PhillipsSupreme Court of Georgia · 1929
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