Burgraf v. Byrnes

This appeal is from a judgment dismissing plaintiff’s action upon an order of the trial court holding, in effect, that under the showing made by the pleadings plaintiff was remediless.

It appears from the complaint that plaintiff -employed defendant as an attorney at law to prosecute a suit against a third party, one John Lukentsch, for $32-1.47; that such proceedings were duly had that judgment was obtained for plaintiff on August 13, 1901, for $360.47. On April 2, following, defendant, without authority from plaintiff, settled and compromised the judgment with the judgment debtor for $150,…