Ackley v. Maggi

appeals from a judgment in Plaintiff favor of defendant, a married woman.

The complaint alleged “that the defendant became indebted to plaintiff’s assignor A. W. Morton (a physician and surgeon) upon an open book account for medical and surgical services rendered to said defendant upon the special instance and request of said defendant.” The proof failed to show any book account except one with the defendant’s husband who was not a party to the action. This statement might seem to dispose of the case, but the defendant’s answer and the proceedings at the trial were such that we must consider…