In re Rule on Kennedy

Citations

• 120 Pa. 497
• 14 A. 397
• 1888 Pa. LEXIS 504

Syllabus

<p>1. It is only when money has been collected by an attorney in the relation of attorney for the petitioner, that the court may interfere in a summary manner to enforce its payment by a rule and order.</p> <p>2. When, therefore, the application for a rule is based upon an averment that the relation did not exist, and this averment is denied by the respondent, an issue of fact is raised in which the attorney is entitled to a trial by jury.</p> <p>3. And if the answer to the rule should convince the court, that the money was withheld in good faith and believed to be not more than an honest' compensation, the rule will be dismissed and the petitioner remitted to his action at law.</p>