137 Minn. 102 | Minn. | 1917
Petitioner in this proceeding was formally charged with the commission of a crime by a warrant issued out of the municipal court of the city of Thief River Falls, Pennington county, this state. He was arrested and taken before the court for a preliminary hearing, and retained respondent as his counsel, who is an attorney and counselor at law residing and practicing as such in said city and county. The arrest was made on May 29, 1915, and the hearing was had on June 4 following, at the conclusion of which petitioner was held to await the action of the grand jury, bail being fixed at the sum of $1,000. The bail being furnished petitioner was released from custody. He was indicted by the grand jury, but on trial in the district court was acquitted and discharged. Respondent acted as counsel for petitioner at the preliminary examination, and also in the district court where he assisted at the trial. It is the claim of petitioner that at the time of his retainer respondent undertook and agreed to procure sureties to sign the necessary bail bond; that in connection with that service he stated to petitioner that it would be necessary to secure the bondsmen by a cash deposit of $1,000 and that petitioner would have to produce the money. Whereupon petitioner procured his daughter, who had money on deposit in one of the city banks, to issue to respondent as his attorney, but for the protection of the bondsmen, two checks of $500 each, the first one being issued on May 29, the second on June 4, at the conclusion of the preliminary examination. Both checks were delivered to respondent and were by him cashed at the bank. Hpon receipt of the money respondent procured the necessary sureties, one being his wife, and the other the president of the bank upon which the cheeks were drawn. After the trial and acquittal of petitioner he demanded a return of the money, but
A large number of assignments of error are discussed in appellant’s brief, many of which are without substantial merit and do not call for special mention. The principal questions are: (1) Whether the court had authority and jurisdiction to hear the matter in the summary way stated; (2) whether the petitioner had the right to initiate the proceeding, since the money did not belong to him; and (3) whether the evidence supports the findings of the trial court.
This covers all that we feel called upon to say in disposing of the case. We have not overlooked any of the points urged by counsel for
Order affirmed.