22 Ga. App. 308 | Ga. Ct. App. | 1918
Knight brought a petition for a rule against Rogers, alleging that Rogers as an attorney at law was entrusted with a claim in favor of Leroi Turpentine Company, which was sued to judgment and was in the hands of Rogers for collection; that upon the representation of Rogers that the execution was collectible and that he would act as attorney for the petitioner in collecting it, -he (Knight) purchased the execution, and Rogers agreed to and did become attorney for the petitioner for the purpose of collecting the entire amount shown by the execution; that prior to the purchase
“The right to rule an attorney for money alleged to be in his hands as such depends upon the existence of the relation of attorney and client, and is limited to the client.” Haygood v. Haden, 119 Ga. 463 (46 S. E. 625). The petition in this case shows that the money sought to be recovered by money rule was collected prior to. the purchase of the execution upon which the money was alleged to have been colledted, and at' a time when the relation of attorney and client did not exist between the plaintiff and defendant.- The court did not err in sustaining the demurrer and dismissing the petition. -
Judgment affirmed.