#### Lydia Moody, Appellee, v. Edith T. Norton, Appellant.

Gen. No. 20,186.

(Not to he reported in full.)

Appeal from the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Reversed and remanded.

Opinion filed March 11, 1915.

Statement of the Case.

Action by Lydia Moody against Edith T. Norton to recover the sum of $735.25 for services rendered defendant and for money claimed to have Been advanced. The latter claim was disallowed by the jury, who rendered a verdict for plaintiff for $660, from a judgment on which defendant appeals.

Charles J. Trainor, for appellant.

*9Abstract of the Decision.

1. Witnesses, § 316 * —credibility of attorneys. While the courts look with disfavor upon the practice of attorneys actually engaged in the trial of a case testifying in behalf of the cause they represent, yet such testimony is competent, and if helpful in arriving at a proper conclusion on review must be considered.

2. Assumpsit, action of, § 66*—when evidence insufficient to sustain verdict. In an action to recover for services as nurse and domestic, claimed to have been rendered by plaintiff to defendant under an oral agreement for compensation at the rate of $15 per week, a verdict for plaintiff was held to have been against the weight of evidence, the evidence showing that such services as were rendered were voluntarily given while plaintiff occupied the position of guest rather than servant.

Fitch, P. J., dissenting.

Scanlan, J., specially concurring.

John T. Byrnes, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Pam

delivered the opinion of the court.