Davies & Davies v. Patterson
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Summary statutes of this character are highly penal and should receive strict construction. 56 Árk. 45. Defendants acted in good faith. They had a meritorious defense and set it up by answer. They had an attorney’s lien, and it was error to render summary judgment. Plaintiff should have been remitted to his remedy at law. 4 Cyc. 695; Jones on Liens (3d Ed.), $ 151; 19 Pa.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Summary statutes of this character are highly penal and should receive strict construction. 56 Árk. 45. Defendants acted in good faith. They had a meritorious defense and set it up by answer. They had an attorney’s lien, and it was error to render summary judgment. Plaintiff should have been remitted to his remedy at law. 4 Cyc. 695; Jones on Liens (3d Ed.), $ 151; 19 Pa. St. 95; 14 Phila. 287; 87 N. Y. 550; 83 111. 194; 10 Vt. 183; 78 Ind. 225; 14 Iowa, 286; 67 Ga. 329; 70 Id. 349; 10 Wall, 483; 2 Ark. 512, 570; 30 Id. 761; 29 Id. 99;…
1DissentMcCULLOCH, C. J.
The effect of the majority opinion in this case is to hold that in a summary proceeding against an attorney instituted by his client to require payment of money received in his professional capacity, if the attorney files a response setting up an issue of fact as a defense, the jurisdiction of the court to proceed further is defeated. In other words, that an attorney charged with wrongfully withholding money of his client, however reprehensible his conduct may be, can defeat the summary proceeding provided by statute merely by interposing a denial. I do not believe that the opinion is…
2Cases cited5 opinions
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Union Building & Saving Ass'n v. SoderquistSupreme Court of Iowa · 1901
- Landro v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Matter of Papa v. . RiniNew York Court of Appeals · 1916
- Levy v. LawsonSupreme Court of Arkansas · 1843