Ames

This action was brought to recover $8,500, balance alleged to be due plaintiff for services as an attorney and counselor at law, performed at defendant’s instance and request. The case was tried with a jury, and a verdict, rendered for plaintiff in the sum of $3,000, upon which judgment was entered. Defendant made a motion for a new trial, which was denied, and this appeal is from the judgment and the order denying the motion.

It is not claimed that the evidence is insufficient to sustain the verdict, nor is there any suggestion that the instructions to the jury were in any respect erroneous. The main contentions of the defendant relate to a bill of particulars furnished by the plaintiff to the defendant, concerning which error is claimed in the refusal of the court to make an order striking out the bill; in the refusal of the court to compel the plaintiff to furnish such bill as it is claimed the court ordered; and the refusal of the court to grant the defendant’s motion for a continuance until such time as the plaintiff should have furnished a bill of particulars to comply with the order of the court. As these alleged errors all relate to the one question as to the bill of…