prepared tbe opinion for tbe court.
This action was tried in the court below upon appropriate '.-.pleadings presenting for determination primarily tbe issue as to whether or not a general copartnership was entered into be- • tween plaintiff and defendant, and for an accounting. By written stipulation entered into and filed at the commencement of
The appellant relies upon fourteen specifications of error for a reversal, but a careful examination of the record, together with the briefs of counsel, discloses no necessity for separate consideration thereof, and all will be disposed of in the discussion following.
The special interrogatories submitted to the jury and their findings thereon were:
“Interrogatory No. 1: Was there ever a copartnership existing between the plaintiff and the defendant in the business of practicing law? Answer to interrogatory No. 1: Yes.
“Interrogatory No. 2: If you answer the interrogatory No. 1 in the affirmative, state when said copartnership began.- Answer to interrogatory No. 2: November, 1910.
“Interrogatory No. 3: If you answer interrogatory No. 1 in the affirmative, state when said copartnership ended, if at all. Answer to interrogatory No. 3: May 16, 1915.
“Interrogatory No. 4: If you answer interrogatory No. 1 in the affirmative, state what share or percentages of the profits*34 each partner was to receive. Answer to interrogatory No. 4: Fifty per cent each.”
It is to be observed, however, that plaintiff testified that a full settlement of all fees between himself and defendant was had up to July 1, 1914, and he makes no claim to his testimony for any accounting prior to that date. We think the decree of the lower court should be modified so as to exclude an accounting between these parties prior to July 1, 1914, and "with that modification we recommend that the judgment and order of the lower court be affirmed.
For the reason stated in the foregoing opinion, it is ordered that the decree of the lower court be modified so as to exclude an accounting between the parties prior to July 1, 1914, and, as so modified, the judgment and order of said court is affirmed.
Modified md afifirmed.