54 Minn. 434 | Minn. | 1893
The plaintiffs, as attorneys at law, prosecuted an action for a divorce against the defendant and in behalf of -his wife. The action was settled between the parties, and dismissed. The plaintiffs prosecute this action to recover for their legal services in behalf of the defendant’s wife, claiming that in the settlement of the former suit the defendant agreed with his wife to pay for such services. The defendant denies that agreement. After ■ a verdict for the plaintiffs upon that issue, and the refusal to grant a new. trial, the defendant appealed.
The plaintiffs called the defendant’s wife as a witness in their behalf. Her testimony tended to refute the claim of the plaintiffs as to the alleged agreement. After a preliminary examination of the witness, as to former contradictory statements made by her, the plaintiffs were allowed to show that she had made a statement of the fact to one of the plaintiffs materially different from her
The only other assignments of error which we deem worthy of specific mention are those relating to the charge of the court that the value of the services (of the plaintiffs) “to Mrs. Bryant” should be considered by the jury. There was no error in this. The court
The seventh assignment of error — that the court erred in overruling the motion for a new trial — is too general to be available.
Order affirmed.
On the point of'the admissibility of the evidence of contradictory statements made by the witness Bryant, I dissent.