Legal Opinion

Fears v. Nacogdoches County

Texas Supreme Court

Decided October 9, 1888No. 2383PublishedCited by 11 opinions

Appeal from Nacogdoches. Tried below before Hon. James I. Perkins. This is an appeal from a judgment of the district court to which the case had been appealed from a justice’s court. The appellant sued the county for forty dollars alleged to be reasonable compensation for his professional services as a physician and surgeon rendered in two inquests in which post mortem examinations were made by plaintiff. He was required to perform the services upon threat of attachment.

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Appeal from Nacogdoches. Tried below before Hon. James I. Perkins. This is an appeal from a judgment of the district court to which the case had been appealed from a justice’s court. The appellant sued the county for forty dollars alleged to be reasonable compensation for his professional services as a physician and surgeon rendered in two inquests in which post mortem examinations were made by plaintiff. He was required to perform the services upon threat of attachment. The testimony showed the services were worth the amount claimed. Judgment was for ten dollars, from which the plaintiff…

1Opinion of the Court

Gaines, Associate Justice.

The appellant, a practicing physician, was summoned to attend upon two different inquests in Nacogdoches county upon dead bodies for the purpose of making post mortem examinations. Being threatened by the justice who summoned him with an attachment, he appeared, made the examinations and - subsequently presented to the commissioners court an account for an allowance of the sum of twenty dollars in each case. The court allowed his account to the amount of five dollars in each case and rejected it for the balance. He brought suit in a'justice’s court and'appealed from…

2Cases cited1 opinion

  1. Stevens v. Board of CommissionersIndiana Supreme Court · 1874

3Cited by11 opinions

  1. Clark, Sheriff v. Finley, ComptrollerTexas Supreme Court · 1899
  2. Daves v. Dallas CountyCourt of Appeals for the Fifth Circuit · 2022
  3. Jernigan v. FinleyTexas Supreme Court · 1896
  4. Travis County v. JourdanTexas Supreme Court · 1897
  5. Germo Mfg. Co. v. Coleman CountyCourt of Appeals of Texas · 1916

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