133 Ga. 388 | Ga. | 1909
The case of Haygood v. Haden, 119 Ga. 463 (46 S. E. 625), was one in which Haden delivered to Haygood as attorney at law certain papers involving a claim to real estate, which Haygood received with the understanding that fees in the case should be divided equally between himself and Haden. A recovery was had, and Haden sought a rule nisi against Haygood as attorney to show cause why he should not pay over to Haden $300, which the latter claimed as his portion of the fees. A demurrer to the petition was overruled, and the case brought to this court. Reversing the case on the ground that the demurrer should have been sustained, this court held that the right to rule an attorney for money alleged to he'in his hands as such depended on the existence of the relationship of attorney and client, and was limited to the client. It was also ruled: “Associate counsel can not by rule enforce a contract for the equal division of fees; and where a proceeding was brought by the defendant in error against the plaintiff in error, alleging that they were associate counsel, and seeking by rule to enforce such an agreement, a demurrer thereto should have been sustained.”
In the present case the relation of attorney and client existed between Haden and Cook. Haden contracted with Cook to recover certain lands and money upon a contingent fee of one half of the recovery. He took from Cook a conveyance of such half. But Haden was not to have and could not have this half unless it was
Judgment reversed.