258 Pa. 38 | Pa. | 1917
Opinion by
Appellant’s petition in the court below was for a rule on the appellee, a member of the bar, to show cause why he should not be ordered to pay oyer to her $2,000, moneys which she alleged were in his hands, but belonged to her, less such sum as the court might adjudge proper for professional.services rendered. The averments upon which the appellant relied in asking for the rule appear in her petition for it, to be found in the reporter’s notes. An answer was filed to the rule to show cause, and this was followed by a replication. Before any testimony was taken appellee moved to dismiss the petition, for the reason that the court had no jurisdiction of his person or of the matter in controversy. From the order sustaining that motion there is this appeal.
If from the pleadings it had appeared to the court below that the appellee had misbehaved himself in his office as an attorney practicing before it, or that the money which he retained was under its jurisdiction, it clearly could have punished the offending practitioner, or required him to turn over the moneys in his hands to the estate to which they belonged; but no such situation was presented, and the court correctly held that it was without jurisdiction to grant relief to the appellant, if she was entitled to any.
The transaction of which the appellant complains was
“An attorney who has money in his hands which he has recovered for his client, may deduct his fees from the amount, and payment of the balance is all that can be
Appeal dismissed at appellant’s costs.