McCarley v. White

• Decision Date: 09 January 1906
• Citation: 39 So. 978,144 Ala. 662
• Parties: MCCARLEY v. WHITE.
• Court: Alabama Supreme Court

39 So. 978

144 Ala. 662

MCCARLEY v. WHITE.

Supreme Court of Alabama

January 9, 1906

Appeal from City Court of Birmingham; Charles A. Senn, Judge.

"To be officially reported."

Summary proceeding by Andrew J. McCarley against H. K. White. From a judgment for defendant, plaintiff appeals. Affirmed.

Plaintiff filed in the Birmingham city court the following motion "Respectfully represents Andrew J. McCarley: (1) That H K. White is an attorney at law in the state of Alabama, and resides in Jefferson county, Ala. (2) That said H. K. White in the capacity of an attorney at law and as the attorney for movant, Andrew J. McCarley, in May, 1901, collected a large sum of money, to wit, $3,240. (3) That in August, 1901, said Andrew J. McCarley, by and through his agent and attorney, M L. Ward, demanded of said H. K. White the said sum of money so collected, and the said H. K. White failed on said demand to pay over the said money, or any portion thereof, and still fails to pay the same, or any part thereof. Wherefore said Andrew J. McCarley moves that a summary judgment be rendered against the said H. K. White in favor of the said Andrew J McCarley for the said sum so collected and the interest thereon and the damage allowed by law."

Said White filed an answer thereto, admitting the first allegation above, but denying that he was ever the attorney for the said Andrew J. McCarley at any time for the purpose of collecting any money, or for any other purpose. He sets up that said McCarley was the administrator of Zuma Allred, and as such administrator filed suit against the receivers of the Memphis & Charleston Railroad for damages for causing the death of his intestate; that this suit was filed by Emery C. Hall, as attorney for McCarley; that he was brought into the case by Hall on an agreed division of fees with Hall, and a verdict was rendered for the plaintiff, administrator, but before verdict was rendered said administrator had moved to Texas and the heirs of said Zuma Allred had also moved to Texas, and had disposed of by proper conveyance all their right, title, and interest in the estate of Zuma Allred, before moving to Texas, to one J. R. White; that defendant collected the money as an attorney, divided the fees properly between Hall and himself, and the other money he paid over to the transferee of the heirs of said Zuma Allred, taking his receipt for the same, and also taking the paper writing transferring the interest of the heirs in the estate of the said decedent to J. R. White. This is made an exhibit to his answer. He denies that Ward, or any one else, as agent or attorney...