Foster
Foster v. Abrahams
Opinion
Lead Opinion
Sturtevant, J.
The plaintiff commenced an action in replevin to recover a diamond ring. The defendant appeared and answered and also filed a cross-complaint. The plaintiff answered the cross-complaint and a trial was had in the lower court without the intervention of a jury. The trial court made findings on all of the issues on which evidence "was introduced in favor of the defendant. The plaintiff moved for a new trial, the motion was denied and the plaintiff has appealed, bringing up a bill of exceptions.
In the earlier part of the year 1921 Louise Foster and E. L. Foster were man and wife. In July of that year Mrs. Foster engaged Mr. Abrahams to act as her attorney in obtaining a divorce for her. He commenced the action and after the papers were served on Mr. Foster the latter appeared and moved that the venue be changed from Los Angeles County to Kern County. The motion was granted. After the divorce case was transferred to Kern County such proceedings were had that Mr. Kaye, an attorney at law residing at Bakersfield, in Kern County, was substituted as attorney for Mrs. Foster in the place of Mr. Abrahams. Some time in the month of July, 1921, Mrs. Foster called on Mr. Abrahams and…