Lally

The defendant appeals from a judgment for $2,694 awarded as damages for negligence as an attorney in failing to prosecute diligently a mortgage foreclosure suit which was dismissed for lack of prosecution after the statute of limitations had expired on the mortgage debt. The case was tried once before and resulted in a judgment for the defendant. On the appeal of the plaintiff the supreme court reversed the judgment and in a lengthy opinion written by Mr. Justice Wilbur reviewed the essential and unchangeable facts. (Lally v. Kuster, 177 Cal. 783 , [ 171 Pac. 961 ].)

The essential facts are that one George Brown, the former, husband of the plaintiff, was the beneficiary of a trust under the will of his father, by which he was to come into the body of the trust estate on his reaching the age of thirty years. During the continuance of the trust • he had no' right to or control over the principal of the trust funds. Mrs. Marisco Brown, who was not related to George Brown, but who had been his nurse when he was a child, owned certain real property in Los Angeles burdened with a mortgage. George Brown, being in ill health, went to Los Angeles and made his home with Mrs. Brown, who…