The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1918-02-22
Cobb County Is Not
Only Complainant
Bailey Attorney Also Asks
Rule Nisi Against So
licitor General.


ty:
To the Honorable N. A. Morris,
Judge of the said court of said coun-
ty.
The petition of A. B. Fuller, here
matter styled as petitioner brings this
petition against Herbert Clay here
matter styled as defendant Of said
county and respectfully shows unto
the court the following facts:
1st.
Your petitioner shows that on or
about the 7th day of February, 1914,
that he placed in the hands of Her
bert Clay an attorney at law resid-
ing at Marietta, Cobb County, Geor-
gia, a certain note dated December
5th, 1911, due January 10, 1913, for
the sum of $3.50, pincipal with in
terest from January LIST, 1912, at the
rate of eight per cent per annum with
one credit thereon dated February
10, 1913, for the sum of $40, said
note was payable to A. B. Fuller and
executed by w. H. Foster of Cobb
County, Georgia as principal.
! End
Said defendant Herbert Clay as At
torney at Law, did agree to collect
said note in full and to pay over the
proceeds thereof to petitioner after
deducting his reasonable fees for
his service.
Your petitioner further shows unto
the court that the said defendant,
Herbert Clay, has collected $3.50.
principal and $89.G1 interest to Oc-
tober goth, 1917, and 1881 Attor-
ney's fees and ten per cent of the
J principal was reasonable Attorneys
fees on the amount so collected.
4th.
Your petitioner further shows that
Herbert Clay, Attorney aforesaid il
legally and wrongfully holds and fails
and refuses to pay the said sums of
money to your petitioner although a
legal demand in writing was made
upon the said defendant on the 18th
day of October 1917. 4
A copy of said demand is here
to attached with all the entries there
on and the date of service on the said
Herbert Clay and marked Exhibit
"a" and made part of this petition
demanding the said Herbert Clay to
pay over to petitioner all of said
money so collected that he now holds
without just warrant or authority
and without petitioners consent and
still retains the same contrary to
the laws of said State.
9Th.
Your petitioner further shows that
he has had to employ at Attorney,
H. L. Williams, of Bailey, Georgia,
to collect this money out of the said
Herbert Clay, and as Attorney at
Law the said H. L. Williams is charg
ing this petitioner the sum of twenty
per cent of the amount collected ow-
ing to the inconvenience and stub
borness of the said Herbert Clay
petitioner asks that he be allowed
twenty per cent out of the said Her
bert Clay for the said Attorneys
fees.
9Th.
Your petitioner further shows that
on the 18th day of October 1917 that
demand was served upon the said
defendant and from that date to
this date your petitioner is entitled
to twenty per cent as interest from
the said Herbert Clay as made and
provided by law and petitioner asks
that the court allow him the said
twenty per cent interest.
/ 7th.
Your petitioner further shows that
after the claim was turned over to
H. L. Williams, the Attorney afore-
said, that he served written demand
as heretofore alleged in said petit
ton, the said Herbert Clay paid the
said H. L. Williams on or about Oc-
tober 18th, 1917, the sum of $35, is
all the money that he has PAID up to
date
9Th
Your petitioner further alleges
that the said Herbert Clay on Sep
TENDER 18th, 1917, sent H. L. Will
liams a check on the First National
Bank of Marietta, Georgia, in part
payment of the petitioners claim for
$50, and the said check was deposit
ed in the Baxley State Bank of Bax-
ley, Georgia, it went to Marietta,
Georgia, and was protested and pc
titioner was compelled to pay $3.50
protest on the same.
9th.