Wheeler v. Turner
Wheeler v. Turner
Opinion of the Court
— The contract alleged in the complaint is admitted by the answer. It is also conceded that the plaintiffs conducted the proceedings on behalf of the plaintiff in the action of Turner v. Ortiz up to a certain time, when their connection with the action ceased, and evidence was introduced to prove the value of the plaintiff’s services in that action. The court ordered judgment for the plaintiffs for fifteen hundred dollars, but did not file any findings.
The defendant contends that the decision cannot be sustained, because the plaintiffs broke the contract by abandoning the prosecution of that suit, while the plaintiffs contend that they were discharged by the defendant as her attorneys. Upon this issue there is a manifest conflict in the evidence, and the decision will not be disturbed on the ground that the evidence was insufficient -to sustain the implied finding that the plaintiffs were discharged as her attorneys in that action. t
It is claimed by the defendant that the fact that the court ordered judgment only for fifteen hundred dollars (which
Upon a careful examination of the voluminous record in this case we are satisfied that the appeal is destitute of merit.
Jiidgment and order affirmed, with ten per cent damages. Remittitur forthwith.
Reference
- Full Case Name
- E. D. WHEELER v. LEOLA K TURNER
- Status
- Published