Nims

This action was brought to recover $1,500 for services rendered, expenditures incurred and money paid out by the plaintiff for defendant in connection with the care and medical treatment of defendant’s daughter during her last illness, all done at defendant’s special instance and request.

The case was tried before a jury, and a verdict rendered for plaintiff in the sum of $1,100. Upon this verdict judgment was entered, and the court subsequently made an order, denying the motion of defendant for a new trial. This appeal is from the order so made.

The evidence as to the value of the plaintiff’s services, and as to whether or not suitable and proper care was taken of the deceased during her unfortunate illness, was conflicting, and we cannot, even if disposed to do so, interfere with the province of the jury in this regard, and it is not insisted that we should do so.

The appellant relies' entirely upon certain rulings in the admission or rejection of evidence, which he claims to have been of such a serious and prejudicial nature as to call for a reversal of the order.

The first error assigned is in relation to the evidence of one Cody, who was called as a witness for the…