Buck

Action on an implied contract for the value of services as attorney at law. The cause was tried by a jury, and plaintiff had the verdict and judgment thereon for four thousand seven hundred dollars, from which and from an order overruling defendant’s motion for a new trial, defendant appeals.

Plaintiff sues on quantum meruit, setting forth in his complaint a claim for services rendered defendant between July 12, 1886, and March 30, 1889, of the alleged value of ten thousand dollars, in defending a suit which was then pending against defendant in the circuit court of the United States, at San Francisco, wherein one Wing Hing was plaintiff. In a second count plaintiff claims for services rendered on and after August 5, 1889, of the value of five hundred dollars, in prosecuting an appeal in this court, in a cause entitled People v. Barney Croghan. Plaintiff’s prayer is for seven thousand dollars, with interest from December 13, 1889.

Defendant made a general denial by answer, and to the first cause of action further answered that if defendant incurred any liability, it was in excess of the income and revenue provided for defendant for any of the years during which the alleged…