Richard Rowland, Respondent, v. Benjamin A. Hegeman, Executor, etc., Appellant

Richard Rowland, Respondent, v. Benjamin A. Hegeman, Executor, etc., Appellant. (Argued November 25, 1874; decided December 8, 1874.) This was an action to recover for services as attorney and counsel, alleged to have been rendered by plaintiff to defendant’s testator. Defendant put in evidence certain bills for services, receipted by plaintiff. The latter, as a witness in his own behalf, was permitted to testify that the bills were not in full for the services rendered in the suits specified. This was objected to, on the ground that plaintiff was not competent as a witness in reference thereto, under section 399 of the Code. It appeared that the referee disallowed all further claims in the suits specified. Held, that if the reception of the evidence was error, it appeared clearly that it could have done no injury. Various findings of the referee were objected to as having no evidence to sustain them. The court held (Grover and Folger, JJ., dissenting), that there was some evidence, sufficient to make these questions of fact, and so not reviewable here. Ira Shafer for the appellant. A. B. Convers for the respondent. [MAJORITY — Allen, J.,] Allen, J., reads for affirmance. All concur, except Grover and Folgee, JJ., dissenting. Judgment affirmed.