Alton v. Rogers

In February of 1951 Noel S. Alton brought this action against R. A. Rogers, an attorney at law, and William P. Devon. On motion of plaintiff, Devon was dismissed from the action at the conclusion of the trial. * The complaint stated two causes of action based on the same transactions, the first, an equitable action for breach of trust and an accounting, and the second, a legal action for damages for fraud. The trial court, over the objections of defendant’s counsel, ordered the legal action tried before a jury. The jury brought in a verdict against defendant for $6,939 compensatory and…