Lindsay, Salinger & Co. v. Carpenter
Supreme Court of Iowa
Appeal from, Carroll District Court. — Hon. George W Paine, Judge. Plaintiffs state, as their cause of action, that they are practicing attorneys at law, and as such were retained by the defendant to defend an 'action pending against him; that they rendered services in defending said action, and paid expenses incurred therein, all of the reasonable value of one hundred and thirty-three dollars and. fifteen cents; and that only twenty dollars thereof has been paid, wherefore…
Read the full summary
Appeal from, Carroll District Court. — Hon. George W Paine, Judge. Plaintiffs state, as their cause of action, that they are practicing attorneys at law, and as such were retained by the defendant to defend an 'action pending against him; that they rendered services in defending said action, and paid expenses incurred therein, all of the reasonable value of one hundred and thirty-three dollars and. fifteen cents; and that only twenty dollars thereof has been paid, wherefore they ask to recover one hundred and thirteen dollars and fifteen cents. Defendant answered, admitting that he employed…
1Opinion of the CourtGtiven, J.
I. Appellants complain of the admission of certain evidence, and the ninth paragraph of the charge, contending that thereby the question, whether appellants were negligent in performing the services sued for was submitted to the jury, when no such defense was pleaded. It is true that such negligence was not alleged, and that the evidence objected to tends to show a want of care; but the value of the services was in issue, and, as this evidence tended to show the extent and character of the services, there was no error in admitting it. The instruction complained of is as follows: “The practice…
2Cited by3 opinions
- McKee v. LynchCalifornia Court of Appeal · 1940
- Payne v. Davis CountySupreme Court of Iowa · 1911
- Bryant v. MundorfSupreme Court of Iowa · 1920