Cahill v. Baird

Citations

• 7 Cal. Unrep. 61
• 70 P. 1061
• 1902 Cal. LEXIS 909

Syllabus

<p>New Trial—Statement.—Under Code of Civil Procedure, section 659, subdivision 3, providing that on motions for new trial for insufficiency of the evidence the notice shall specify the particulars in which the evidence is alleged to be insufficient, where a statement which does not contain all the evidence is stipulated to be correct, and is certified by the judge to have been settled and allowed, it will be inferred that only so much of the evidence has been inserted as is necessary to explain the grounds specified in the notice.</p> <p>Attorney—Eight to Compensation.—Under Code of Civil Procedure, section 1855, subdivision 5, providing that “there can be no evidence of the contents of writings other than the writing itself, except .... when the original consists of numerous documents, .... and the evidence sought from them is only the general result of the whole,” it would not be necessary, in order to prove the character and value of the services rendered by an attorney in an action, to produce the record.</p> <p>Attorney—Entire Contract of Employment.—The General Employment of an attorney to defend a case is an entire contract, and, if he withdraws without cause, or is discharged for justifiable reasons, before the contract is completed, he cannot maintain an action for the value of his services.</p>