Taylor v. Armstead

Decided May 7, 1802

Court of Appeals of Virginia · decided 1802-05-07

Armstead moved against Taylor for money received by him as attorney for the plaintiff. The District Court gave judgment for the sum received, with 15 per cent, interest until paid. From which judgment, Taylor appealed to this Court. This being a summary remedy, introduced by a statute, the statute is to be strictly observed. But, the act does not give a motion on the bare receipt of the money without a refusal to pay.

Decided 1802-05-07

LYONS, Judge,

¶1delivered the resolution of the Court, to the following effect:

¶2That, as to the first point relative to the demand and refusal, there was no room for exception upon that ground; because the defendant, by appearing and contesting the claim, had rendered it unnecessary that further proof, with regard thereto, should be stated in the record. But, with respect to the second point, relative to the damages, the Court was clearly of opinion that the judgment was erroneous; for the 15 per cent, damages are not given against an attorney by the act of Assembly, which merely relates to the notice and mode of conducting the cause, but does not create a penalty. That, therefore, the judgment of the District Court was to be reversed, and judgment entered for the debt only.