Welch

The action which gives rise to this appeal was brought in the Municipal Court of the City of Los Angeles for the purpose of recovering judgment for $1,000, the complaint being drawn in the form of a common count, alleging the rendering of services by the plaintiff to the defendant, Hettie Reese, at her instance and request, and the reasonable value thereof. From a judgment rendered in favor of the plaintiff for the sum of $1,000, the defendant, Hettie Reese, appealed to the Superior Court in and for the county of Los Angeles, which court in due course affirmed the judgment of the lower court.

The case comes here upon appeal taken by defendant Hettie Reese during her lifetime. Pending appeal the defendant Hettie Reese, deceased, and L. O. Gunn, the duly appointed and qualified executor of the last will and testament of Hettie Reese, deceased, was substituted as defendant and appellant by order duly made.

Appellant argues at length that the Superior Court erred in refusing to grant her motion for a new trial and her motion to vacate the judgment of the Municipal Court. The reasons urged are:

A brief résumé of the evidence is necessary to a discussion of the points…