Comer v. McGuire

The opinion of the court was delivered by

Btjrch, J.:

The action in the district court was one to recover an attorney fee. Defendant filed no pleading, did not appear, and judgment was rendered for plaintiff. Subsequently, defendant filed a motion to vacate the judgment. The motion was denied, on the ground the court was without jurisdiction to allow it, and defendant appealed. Defendant also appealed from the unvacated judgment, and assigns error manifest on the face of the record.

The judgment was based on the following instrument in writing pleaded in the petition:

“I hereby employ Burt Comer,…