McNutt

McNutt v. Pabst

Good Law
1914 Cal. App. LEXIS 157·25 Cal. App. 177·143 P. 77
Court of Appeal of CaliforniaJuly 24, 1914Civ. No. 1402.California1,572 words

Opinion

Lead Opinion

James, J.

In the year 1909 Cyrus F. McNutt, Joseph E. Hannon, and Benjamin Balmer, as attorneys at law, were employed by respondents to defend in two actions then pending in the superior court in the county of Los Angeles, in each of which respondents appeared as parties defendant. Cyrus P. McNutt has since died, and his executrix has been substituted herein in his stead. The actions first referred to concerned the question as to the title to a certain lot of land, comprising about eight acres. Pursuant to their employment the attorneys for respondents prepared their defense to the first action, which necessitated a lengthy examination of the records in the county recorder’s office, and that action was finally tried, the trial occupying some three days. The city of Los Angeles was also a party defendant, and a disclaimer was first filed on its account, but later, upon application made in that behalf, the court allowed the said city to file an answer by which it set up title in itself to the land in question. This answer was filed on January 14, 1910, and in May following the plaintiff therein dismissed the action as to the city of Los Angeles. The findings and decree of the court as finally…

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