Legal Opinion

Kutcher v. Love

Supreme Court of Colorado

Decided January 15, 1894PublishedCited by 10 opinions

Lrror to the District Court of Larimer County. Action for attorney’s fees. Judgment for plaintiff Love. Defendant brings error. Two causes of action are stated in the complaint. In the first an indebtedness of $424.66 is claimed on the part of the plaintiff for services alleged to have been rendered by the plaintiff as an attorney to the defendant between the first day of June, 1883, and the first day of October, 1884, at the latter’s special instance and request.

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Lrror to the District Court of Larimer County. Action for attorney’s fees. Judgment for plaintiff Love. Defendant brings error. Two causes of action are stated in the complaint. In the first an indebtedness of $424.66 is claimed on the part of the plaintiff for services alleged to have been rendered by the plaintiff as an attorney to the defendant between the first day of June, 1883, and the first day of October, 1884, at the latter’s special instance and request. The second cause of action is for the sum of $100. This likewise is for services rendered by plaintiff as an attorney in the year…

1Opinion of the CourtChief Justice Hayt

We shall consider the assignments of error in the order in which they are presented by counsel.

By the fifth assignment of error it is claimed that the judgment is excessive to the amount of $25.00. This claim is based upon the evidence of the defendant in error to the effect that he paid this sum to Ledru R. Rhodes, who was at the time a member of the firm of Rhodes & Love, as it is alleged.

The evidence shows that after this suit was begun the defendant called upon the plaintiff and in the presence of a third party expressly admitted that he owed the debt. The objection to this evidence is…

2Cited by10 opinions

  1. Casserleigh v. WoodCourt of Appeals for the Eighth Circuit · 1902
  2. Consolidated Oil & Gas, Inc. v. RobertsSupreme Court of Colorado · 1967
  3. Casserleigh v. WoodColorado Court of Appeals · 1900
  4. Lenahan v. CaseyMontana Supreme Court · 1912
  5. Agnew v. AgnewSupreme Court of Colorado · 1919

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