Carter

This is an action brought by plaintiff, as executrix of the will of her husband, Stanton L. Carter, by which she seeks to recover from defendant a balance claimed to be due for legal services rendered by said Carter to defendant, and for costs paid out by Carter for and on behalf of defendant. The case was tried before the court without a jury, and judgment was given in favor of plaintiff for $1,696.30 with interest. Defendant appeals from such judgment.

In her complaint plaintiff stated her cause of action in two separate counts, each in the form of a common count, the first being for a balance due upon a mutual, open, and current account for services rendered and money paid out and expended and money advanced in the sum of $2,395.20 less $156 paid; and the second being for a balance due upon a mutual, open, and current book account, for such sum. The judgment was given upon the first count. ' By his answer, in so far as the first count is concerned, defendant denied any indebtedness in excess of the sum of one thousand dollars, failed to deny that any sum due was due upon a mutual, open, and current account, alleged payment of all amounts due “excepting only the sum of…