11-49-3 - Proceedings for money collected.
§ 11-49-3. Proceedings for money collected.
Every attorney or counselor at law receiving money for his client, and failing or refusing to pay the same when demanded, may be proceeded against in a summary way, by motion before the circuit court of the county where such attorney or counselor usually resides, or where he may be found, or before the court in which the money was collected, in the same manner that sheriffs are liable to be proceeded against for money collected on execution, five days' notice of such motion being given. In addition to the principal and legal interest, damages at ten per centum on the amount thereof shall be awarded. In case the failure to pay over said money shall appear to have been wilful and without reasonable excuse, the court shall fine and imprison such attorney or counselor as for a contempt and strike his name from the roll and revoke his license, or may suspend his right to practice until the money shall be paid over.
Sources: Codes, Hutchinson's 1848, ch. 26, art. 3 (9), art. 11; 1857, ch. 9, art. 10; 1871, § 2253; 1880, § 2405; 1892, § 218; 1906, § 225; Hemingway's 1917, § 202; 1930, § 3705; 1942, § 8677.