Burns
Burns v. Cushing
Opinion
Lead Opinion
McFarland, J.
— This is an action to recover a balance due for legal services alleged to have been rendered by Charles F. Hanlon, and assigned to plaintiff. Judgment went for plaintiff, and defendants appeal therefrom upon the judgment roll. The only point made is, that the court erred in overruling the demurrer to the comrplaint.
1. In the complaint it is averred that in May or June, 1884, defendants retained and employed said Hanlon to commence, prosecute, and defend certain actions and proceedings at law and in equity and probate, and that “ in pursuance of said retainer said Hanlon rendered valuable service to said defendants and each of them in and about the premises since May or June, 1884, up to the twenty-ninth" day of January, 1890.” Appellants assailed this averment by special demurrer, as ambiguous and uncertain; and in their briefs they argue that it is uncertain because no particular action or proceding is stated in which any of the alleged services were ren *671 dered, no time given at which any part of the services were rendered, no facts stated which would enable defendants to prepare a defense, etc. We think, however, that the averment comes within the provision of section 454…