Ellis

— This is an action by the plaintiff, who is an attorney at law, to recover from defendant the sum of one thousand dollars, alleged to be due on account of professional services rendered by plaintiff to defendant.

The plaintiff recovered judgment for the sum demanded, and the defendant appeals from such judgment and an order refusing him a new trial.

The complaint is in two counts, the first of which states, in substance, that defendant retained plaintiff as his attorney, and that as such attorney, and upon his said retainer, he rendered services in defending a case in the superior court of El Dorado County, in which the Lake Valley Railroad Company was plaintiff, and this defendant and the El Dorado AVood and Elume Company were defendants, “ and in counseling and advising therein, and conducting negotiations to a settlement thereof,” and that said services so rendered were reasonably worth the sum of fifteen hundred dollars, of which five hundred dollars have been paid.

The second count alleges that plaintiff was employed by defendant as his attorney in the action referred to in the first count, “to defend him against said action, and, if possible, to prevent a condemnation of…