Hart v. Vidal
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action to recover the value of plaintiff's services as attorney in the case of Brown v. Vidal, as laid in the complaint.
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Appeal from the Superior Court of the City of San Francisco. This was an action to recover the value of plaintiff's services as attorney in the case of Brown v. Vidal, as laid in the complaint. On the trial, the plaintiff was allowed to prove his services in protecting the defendant’s interest in the same property, in a subsequent suit, between Newland, the receiver appointed in the first suit, and one Keane, who has since purchased the property, and now intervenes in this action to protect the property from an attachment levied herein before his purchase. Vidal, the defendant, makes no…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.. The count is for services rendered as attorney at law in the case of Brown v. Vidal. Upon the trial, "evidence was admitted against the objection of defendant to prove the value of services in the case of New-land v. Keane.
The proofs in every case must correspond with the allegations. A *57recovery in this case would be no bar to another action for the services rendered in the case of Newland v. Keane. The evidence should therefore have been excluded.
Newland was an incompetent witness to prove…
2Cited by10 opinions
- Ghirardelli v. Peninsula Properties Co.California Supreme Court · 1940
- Coco-Cola Co. v. MooreCourt of Appeals for the Eighth Circuit · 1919
- Howell v. SmithMichigan Supreme Court · 1896
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Kappler v. StormSupreme Court of Oklahoma · 1915
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