Wickersham v. Crittenden

In this case, as in Wickersham v. Crittenden, No. 19349, this day decided, ante, p. 327, there was a mass of irrelevant evidence introduced by respondent. This evidence might be accounted for perhaps by a stipulation referred .to in respondent’s brief, which stipulation does not appear in the transcript. But, as we said in the other case, this evidence does no harm, because it does not affect the main features of the case.

*330 This action was brought by Wickersham, a stockholder in the bank of San Luis Obispo, for himself and other stockholders, against defendant Crittenden and the bank, to compel Crittenden to account to the bank for certain attorneys’ fees in certain actions paid to Graves & Graves, attorneys at law—one thousand dollars at one time, and five hundred and twelve dollars and fifty cents at another time. The court below found in favor of defendants as to the five hundred and twelve dollars and fifty cents, but gave judgment for plaintiff for the one thousand dollars and interest. Defendants appeal from the judgment and from an order denying their motion for a new trial.

At the time the said one thousand dollars was paid to said attorneys, Crittenden was a…