Wilson

This is an appeal by defendant from an order granting plaintiff’s motion for a new trial.

Plaintiff sued defendant to recover the sum of $5,o00 had and received by defendant for the use and benefit of plaintiff.

Defendant answered, and without denying the receipt of the $5,500, set up by way of counterclaim a demand for the sum of $4,145.75 as and for the reasonable value of certain services rendered by defendant to plaintiff as its attorney for a period of three and a half years, and further alleged that on the fourteenth day of October, 1907, he paid to plaintiff the sum of $1,404.25, which was the difference between the said sum of $5,500 and the amount alleged and claimed as the reasonable value of defendant’s services to plaintiff, and prayed that plaintiff take nothing by its action.

The jury rendered a verdict for the defendant.

The plaintiff in due time gave notice of its intention to move for a new trial, to be heard upon the minutes of the court, which was afterward made and granted.

The verdict of the jury, being for the defendant, necessarily was in effect a finding that defendant rendered the services as alleged in his answer, and that the reasonable value…