Chapman

This is an action to recover for professional services, alleged to have been rendered by the plaintiff, as an attorney at law, for the defendant, Mary A. Neary. The court below found the facts, and gave judgment in favor of the plaintiff, from which and from an order denying a new trial defendants appeal.

The action in which the services are alleged to have *80 been rendered was commenced March 30, 1888, in the superior court of Alameda county, by the defendant herein, Mary A. Neary, then Mary A. Godfrey, to obtain a divorce from her husband. George Godfrey. The defendant in the action denied the plaintiff's right to a divorce, and filed a cross-complaint, asking that a divorce be granted to him. The trial of the cause wras commenced September 25th, and concluded October 29, 1888, and it consumed just nineteen days of the intervening time.

On November 30, 1888, the court announced from the bench that the plaintiff had failed to make out her case, and the defendant had made out a case on his cross-complaint, and thereafter, on January 9, 1889, it made and entered its judgment and decree granting to the defendant and cross-complainant a divorce from the plaintiff in said cause.…