Beaumont

This action was brought by plaintiff to recover the sum of $473.25 alleged to be due for services performed for the defendant, and the additional sum of one hundred dollars alleged to be a reasonable amount to be allowed as an attorney’s fee in the action. The complaint contained no allegation showing that defendant had contracted to pay any attorney’s fee in the action. An answer was filed which admitted the principal indebtedness of $473.25 alleged to be due, but denied that any sum was a reasonable fee or should be allowed as an attorney’s fee. Thereafter judgment was entered for the amount admitted to be due, no allowance being included in the judgment on account of the attorney’s fee claimed. It was recited in the judgment that the plaintiff had directed the judgment to be entered for the admitted amount, and the formal judgment, as shown by the printed roll, bore the signatures of attorneys for plaintiff. The clerk, however, certified that the judgment set forth was a true copy of that entered in the action. About thirty days after the judgment was entered the defendant moved to set it aside on the ground that it was void upon its face, and on the ground that the county…