Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-02-25

ure to pay over the money to his client
H. upon the hearing, the rule is made
absolute against him, and he fails to
obey the order OF the court, an attach
ment issues against him. This sum
mary remedy is a power incident TO all
courts of general jurisdiction, whether
conferred by statute or not; and has
peen exercised as far as L can learn,
from time immemorial. 1t is a power
that courts of general Jurisdiction have
always exercised, to compel their Off
GERS to perform their official duties
we have in Georgia two kinds of
courts. State courts and Federal courts
Ihey are created and organized by two
separate and independent governments.
Each court has the power given il nv
the constitutions or by statute. Hence.
an attorney at law may be an officer
OIL both courts. He occupies n dual
relation.-an officer of the State court.
ana likewise an officer of the Federal
court. Where he appears as an officer
oI the State court. and assists that
court IN the administration of Justice
ne Is amenabie to that court for his
Official conduct. either while in the pre
Sence or the court or where he is exc
cutting the process thereof. In the same
manner he is amenabie to the Federal
court where he acts as an officer of
.iill court Where, therefore. as an ofli-
Ger OF the court, he collects money
uhder the judgment and process of that
court and falls to pay it over to his
cieht' IN our opinion, he cannot be
ruled III a State court for his failure TO
comply with his duties which orici-
iia'ed IN the Federal court: nor do we
.nink that, If he collected money for
MS client by virtue of the Judgment
ana process of the State court. he would
De amenaole to rule in the Federal
court for failure to pay il over to his
cilcnt. we. therefore. think that while
WI. hinuSay was an officer of both
courts. in the performance of his duty
in collecting and paying over thc
money under the process from tho
Federal court the State court had no
jurisdiction to rule him and compel him
10 pay the money collected to his client
1 lie had been an attorney and an
olllcer or the courts OF Alabama. or Of
any other foreign State. and collected
money lor client under process of n
court in that State he would not hc
SUBJECT 10 rule by II court in this State
although he was an officer in tho courts
OF this state. Any court of general iur
iSulction which has pGver to admit and
, ,. at,orneys to practice at the bar
mas jurisdiction to disbar an attorney
Tor acts committed which show hin, to
DC unworthy To hold the Office of nm
attorney. And this is so whether those
acts are committed in the presence of
inc court or in any other court If an
feS sHouIu De guilty of larceny
OF burglary, or other crime of moral
turpitude. any court which had a right
10 incense him To practice law, and of
Whicn he Is an officer. has the right and
jurisdiction 10 cXpel him, in order 10
rid the profession of an unworthv
member. We have searched diligently,
ana find no case where n Federal conr,
assumed jurisdiction to rule an ott0r.
ley Tor failure to pay over money COL
iectcd under the process of the State
court nor do we find any case where n
state Court assumed to rule an attor
hey Tor money collected under the pro-
affirmed.