Wigton v. Donnelly

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover certain funds alleged to have been unlawfully appropriated by the defendant. Material allegations of the original petition were:

*797“That on or about the first day of November, 1923, the defendant withdrew from the First State Bank of Stafford the sum of $443.25 belonging to the plaintiff and retained the sum of $200 of said amount, remitting the sum of $243.25 to plaintiff on November 10, 1923. That at the time of said acts set forth above, the defendant had been acting in the capacity of attorney for the…