Stephens v. Hartley

Smith, P. J.,

This action is assumpsit by plaintiff to recover, as set forth in his statement, a balance alleged to be unpaid from the defendant, $245, for his services as the latter’s attorney; no mention of claim for interest appears in the statement; but at the trial the jury rendered a verdict for the plaintiff in the following language: “Verdict $150.00? plus six per cent, simple interest since April 15, 1918, or $204.00.”

The only one of the three reasons for new trial now urged is the second, viz.: “That the verdict is not justified by the pleadings in the case, in that no claim for…