122 Wash. 684 | Wash. | 1923
-This action is for an attorney’s fee of $10,000, alleged to have been due for legal services of that value rendered by George F. Vanderveer, former husband of respondent, who was substituted as plaintiff before trial.
The services were alleged to have been performed by Vanderveer, the husband, in very important litigation against the appellants in the state of California.
It is alleged that Vanderveer went to California for the purpose of performing such professional services, and remained there from October 29 to November 12,
Appellants by answer admit the pendency of the civil suit, and the several indictments, and every other allegation of the complaint, save that they deny the employment of Vanderveer; or that he ever performed any services, or that his services were of the value of $10,000 or any other sum.
After a very heated and closely contested trial, the jury awarded respondent $2,500.
There was ample evidence, and evidently believed by the jury, of the employment.
The errors complained of are, first, that the court erred in not granting a new trial on the ground of misconduct of plaintiff and her attorney, in the repeated propounding of prejudicial and irrelevant questions, and improper remarks during argument; and, second, in overruling appellants’ motion that the verdict of the jury against Bessie Hillman individually, and against the marital community composed of appellants, be set aside on the ground that there was not sufficient evidence to sustain a judgment against the community or against Bessie Hillman individually.
As to the first assignment of error, the record has been carefully examined, and many of the objections made by appellants to statements of counsel in argument are. untenable, for the reason that counsel for respondent in making, the statements was strictly within the record. In. other instances, when objection was made, even though counsel for respondent was within the record,, the objection by appellant was sustained. In still other instances where counsel made statements outside of the record, the objection was sustained by the trial court. Furthermore, a mere exception to improper statements- of counsel to the jury, without moving the court in the matter, is insufficient to secure a review of error assigned thereon, unless the misconduct was so flagrant that no instruction would cure it. Taylor v. Modern Woodmen of America, 42 Wash. 304, 84 Pac. 867, 7 Ann. Cas. 607. We cannot so find in this case.
Judgment affirmed.
Parker, C. J., Mackintosh, Bridges, and Mitchell, JJ., concur.