103 Ga. 811 | Ga. | 1898
At the instance of Hilliard Freeman, a rule was brought against J. W. Ewing, as an attorney at law, for money alleged to have been collected by him for Freeman and not paid over on demand. The respondent made answer, in substance, as follows: He had been employed by the movant to collect a claim against one Ballew, and had instituted a suit for that purpose. This suit had subsequently been dismissed, a compromise having been effected by Ewing upon the faith of an instrument in writing, signed by Freeman, giving him “full, complete, and discretionary power in the matter of effecting a settlement.” Only a small portion of the amount agreed upon in the compromise was paid in cash, Ballew giving his notes for the balance. Almost immediately after this suit was dismissed, Ewing was served with a summons of garnishment, sued out by Ballew, who had commenced an action against Freeman upon an open account. At a subsequent term of the court this action was dismissed by Ballew,
It was further alleged by the respondent, that prior to the
Judgment on main bill of exceptions reversed, with direction. Judgment on cross-bill affirmed.