Griffith

Miller v. Griffith

Good Law
1906 Cal. App. LEXIS 27·4 Cal. App. 341·88 P. 285
Court of Appeal of CaliforniaOctober 16, 1906Civ. No. 202.California481 words

Opinion

Lead Opinion

Gray, J.

This is an appeal by defendants from an order granting plaintiff a new trial. The action is brought by the assignee of a firm of attorneys to recover the sum of $20,000, alleged to be a reasonable attorney’s fee in certain litigation wherein they acted as attorneys for the defendants. The verdict was in plaintiff’s favor for $500. The motion for a new trial was based on the ground, among others, that the verdict is against law, and also upon the ground that the evidence is insufficient to justify the finding or verdict of the jury to the effect that the services of plaintiff’s assignors were not worth more than the sum of $500. A new trial was granted by the court on the grounds that the verdict is against law and is not supported by the evidence. The motion was heard on the minutes of the court, and the appellants attack the order granting the new trial upon the ground that no proper specifications, of insufficiency of the evidence were stated. It is replied in the respondent’s first point, in effect, that this is immaterial for the reason that one ground of the order was that the verdict was against law, and as the instructions are not set out, error in that regard is not made…

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