94 Wash. 243 | Wash. | 1917
This is an application for a writ of mandamus to require the trial court to fix the amount of a bond to be furnished by the relator, and to enter an order, upon such bond being furnished, requiring the respondent Olson to deliver certain money and property to the relator.
It appears that, in the year 1915, certain accounts were delivered by an agent of the relator to Mr. Olson for collection ; that thereafter Mr. Olson collected one of these accounts, amounting to $75, and assigned another account for $729.10, and collected that amount upon such assignment; that afterwards, in October, 1916, the relator demanded all books, papers, documents, and money, belonging to it, from Mr. Olson, who refused to deliver the same on demand; that thereafter a petition was filed with the superior court of
The statute (Rem. Code, § 137) reads as follows:
“When an attorney refuses to deliver over money or papers to a person from or for whom he has received them in the course of professional employment, whether in an action or not, he may be required by an order of the court in which an action, if any, was prosecuted, or if no action was prosecuted, then by order of any judge of a court of record, to do so within a specified time, or show cause why he should not be punished for a contempt.”
Section 138 (Rem. Code) provides as follows:
“If, however, the attorney claim a lien upon the money or papers, under the provisions of this chapter, the court or judge may,—
“(1) Impose as a condition of making the order that the client give security, in a form and amount to be directed, to satisfy the lien, when determined in an action;
“(2) Summarily to inquire into the facts on which the claim of a lien is founded, and determine the same; or
“(3) To refer it, and upon the report determine the same as in other cases.”
Morris, C. J.,. Holcomb, Parker, and Fullerton, JJ., concur.