Hurley

to recover for board, lodging, and for services rendered defendant’s intestate, Florence McCarthy, in her lifetime. Plaintiff had judgment, and defendant appeals from the order denying his motion for a new trial.

It appeared from the testimony of plaintiff’s wife that the said McCarthy boarded with plaintiff’s family from May 8, 1894, to May 5, 1895, and from June 8, 1895, to June 14th, and from July 18th to August 7,1895,—about thirteen months in all. During all this time he was sick and required and received the personal nursing and attention of plaintiff and his wife. The evidence was that these services were reasonably worth $25 per month, and plaintiff’s wife testified that, so far as she knew, they had never been paid for. On August 7, 1895, plaintiff took McCarthy to the county hospital, and he died November 13, 1895. The claim was duly presented to the administrator, and was refused payment by him. The complaint was verified, and alleged non-payment, which is denied in the answer, and defendant alleges payment. The defendant offered no evidence. The court found that there

was due plaintiff the sum of $325, and gave judgment accordingly. The only point made by appellant…