Durand v. Grimes
Supreme Court of Georgia
Assumpsit, in Troup Superior Court. Tried before Judge Bull, May Term, 1855. This was an action of assumpsit brought by Dr. Thomas W. Grimes against Samuel A. Durand, on- an open account for sixty-five dollars, for medical services and medicine rendered and furnished a slave of the defendant. The defendant pleaded the general issue.
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Assumpsit, in Troup Superior Court. Tried before Judge Bull, May Term, 1855. This was an action of assumpsit brought by Dr. Thomas W. Grimes against Samuel A. Durand, on- an open account for sixty-five dollars, for medical services and medicine rendered and furnished a slave of the defendant. The defendant pleaded the general issue. On the trial, Counsel for 'the defendant excepted to plaintiff’s declaration, on the ground, that “ it contained no allegation that the plaintiff was legally licensed to practice medicine at the time the services were renderedthe only allegation to that point…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] One of the grounds of error assigned in this case is, that it is not averred in the declaration, neither was it proven, that the plaintiff was a licensed physician, and as such, authorized to sue for and recover his medical account.
By reference to the forms in CMtty, it will be found not to be necessary to make this allegation.
The plaintiff declared in his writ, as a physician; and the defendant, instead of demurring, pleaded to the merits of the action. He is too late to take this exception on the trial term of the appeal.
[2.] It is…
2Cited by7 opinions
- Bracken & Ellsworth v. Dillon & SonsSupreme Court of Georgia · 1879
- Warren v. GrayCourt of Appeals of Georgia · 1954
- Mercier v. CopelanSupreme Court of Georgia · 1884
- Becker v. HumphriesCourt of Appeals of Georgia · 1925
- City of Camilla v. MayCourt of Appeals of Georgia · 1943
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