Alpers v. Hunt

Citations

• 86 Cal. 78
• 9 L.R.A. 483
• 24 P. 846
• 1890 Cal. LEXIS 977

Syllabus

<p>Review upon Appeal — Order Granting New Trial — Sufficiency of Complaint — Illegality of Contract—Nonsuit — Evidence. —Upon appeal from an order granting a new trial, the sufficiency or insufficiency of the complaint may be considered where it appears that the new trial was granted for error in denying a nonsuit, the nonsuit being asked for on grounds that challenged the sufficiency of the complaint, in that it set forth a contract on which an action could not be maintained; and as the trial court in granting the new trial could not go beyond the grounds on which it was asked, and granted it on the sole ground that the contract sued upon is contrary to public policy, the contract being alleged in the complaint alone, the appellate court, in passing upon the question as to the character of the contract, is limited to what appears in the complaint, and cannot consider the evidence introduced on the trial.</p> <p>Id. — Review of Nonsuit — Error of Law —Bill of Exceptions — New Trial. — The ruling of the court on defendant’s motion for a nonsuit, and his exception thereto, may be set forth in a bill of exceptions or in a statement on motion for a new trial, and he is entitled to have it re-, viewed on motion for a new trial as an error of law occurring at the trial; and whether the court grants or refuses a new trial for such alleged error, its action may be reviewed upon appeal from the order.</p> <p>Contract — Violation of Law — Public Policy —Attorney and Client —Agreement to Procure Client for Share of Fee. — A contract between a third person not an attorney and an attorney and counselor at law, that he will procure the attorney’s employment by a litigant, and that in consideration of such procurement he is to have from the attorney so employed one third part of whatever remuneration the latter receives for his services from the litigant, is contrary to public policy and invalid.</p> <p>Id. — Rights of Assignee. — An assignee of such a contract takes only the rig