Gruby v. Smith

This suit originated in justice’s court, and went to the circuit court on appeal. It was brought' by Smith, an attorney at law, against Gruby, a merchant tailor, to recover for legal services. The trial by jury in the latter court resulted in a judgment for plaintiff for $148, over and above a just set-off of $76. It appears by the evidence that in justice’s court, the plaintiff" sought to recover only upon a quantum meruit. In the circuit court he shifted his ground, and sought to and did recover solely upon, an alleged account stated. It may be gathered from the record that defendant sought…