Pinto
Pinto v. Seely
Opinion
Lead Opinion
Lennon, J.
The plaintiff in this action, as the administratrix of the estate of Julian Pinto, deceased, recovered a judgment against the defendant in the sum of $1,950 for services alleged to have been rendered to the defendant by Pinto as an attorney at law. The case comes here upon the judgment-roll and a bill of exceptions in support of appeals from the judgment and from an order denying the defendant a new trial.
“Irregularity in the proceedings . . . and an abuse of discretion by which the defendant was prevented from having a fair trial” were among the grounds of the defendant’s motion for a new trial; and in support thereof the defendant filed an affidavit in the court below which tended to show that the trial judge had stated from the bench upon the conclusion of the plaintiff’s case and in denying a motion.for a nonsuit: “Gentlemen, I am prejudiced in favor of this woman”; and that at the conclusion of the entire case and during the argumen thereof the trial judge remarked, “I was just thinking whether to make the judgment in the amount of $150 or $200 ’ ’; that thereupon counsel for the defendant interrupted the trial judge with the statement that “If Pinto broke his contract he…