In error from the Circuit Court of Yazoo county.

This was a motion in the Circuit Court of Yazoo, by Plaintiff in Error v. Defendants, as attorneys at law, for failing to pay over money collected by them on a judgment in favor-of P. B. Pope, a bankrupt, (and whose assignee plaintiff in error is,) v. B. R. Grayson, for the sum of $433.99.

It was proved on the trial of this motion, that defendants had been acting as attorneys for said Pope, for several years before he applied for the benefit of the bankrupt act, and that said Pope was indebted to defendants for services thus rendered, as attorneys, on a general balance of accounts, in a sum larger than the account claimed by said Cage in this motion ; that the claim on which said judgment was obtained, on which said money was collected, was placed in the hands of said defendants by said Pope before he filed his petition in bankruptcy, and that said judgment was rendered between the time of said petition’s being filed and the date of the decree declaring said Pope a bankrupt; that the said sum of $433.99 was received by defendants, after the final discharge of said Pope under the bankrupt act, and that defendants were entitled to receive for their services in collecting the money on said judgment, the sum of $21.55.

The Circuit Court overruled the motion, and decided that said defendants were entitled to retain said money, in satisfaction of their said demand against said Pope ; and to this opinion of the Court plaintiff excepted, and took his bill of exceptions.

[It is due to Messrs. Wilkinson and Miles, who are practising lawyers of fair and high standing, to state, that in this case there was not (nor has there been in any case), on their part, any failure or refusal to pay over the acknowledged funds of a client collected by them, to such client or his assignee ; they only insisted on their general lien for a general balance of accounts for professional services, which they deemed their legal and just right. And the motion in this case was entered simply to test this legal right.]

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