Dwinelle

By the Court,

The action was brought to recover compensation for services rendered by the plaintiff as attorney and counsellor. The defendant was the public administrator of the county of San Francisco, and the services of the plaintiff were concerning an estate, the administration of which had been committed to the defendant as public administrator. The plaintiff proved a written retainer in the following words:—-

*389 Conflicting evidence was given at the trial upon the question, whether the payment for the plaintiff’s services was to depend upon the contingency of his success in the proceedings which he was requested to institute ; and, consequently, if no legal point has been improperly ruled against the defendant, the verdict of the jury must be conclusive.

Joseph L, Folsom, a witness on behalf of the defendant, testified that a “ card” was written and published by him, with the advice of his attorney, in a newspaper, and it was proposed to give this publication in evidence. The court rejected the evidence, and a point is made by the defendant on this ground. The “ card” published by Folsom is not returned,and however erroneous the decision of the court might have been, we…