6 Ga. App. 47 | Ga. Ct. App. | 1909
This is a suit on a note, for principal, interest, ¡and attorney’s fees. On the conclusion of the evidence the court ■directed a verdict for the plaintiff for the full amount sued for. In this court the plaintiff in error expressly abandons all the assignments of error, except as to the direction of a verdict for attorney’s fees. He contends that under the plea and the evidence, the question as to whether he had been served with the statutory notice claiming attorney’s fees was issuable, and that the direction of a verdict for attorney’s fees was therefore erroneous. The ■ evidence on this subject, briefly stated, is as follows: The attorney for the plaintiff testified that he prepared a written notice in form for attorney’s fees and gave it to his client, with direction to have it timely served on the defendant. The client testified, that on the same day he received the notice from his attor
Judgment affirmed, on condition.