Legal Opinion

Kilgore v. Stanley

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 21 opinions

Appeal from the Circuit Court of Walker. Tried before the lion. James B. Head. This action was brought by J. M. Stanley, against John IHlgore, and was commenced in a justice’s court, on the 29th October, 1889. The cause of action was an account for medical services rendered to defendant, during the month of April, 1888, by Dr. T. D. Monroe, amounting to $18.25; and the plaintiff sued as transferree of the account.

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Appeal from the Circuit Court of Walker. Tried before the lion. James B. Head. This action was brought by J. M. Stanley, against John IHlgore, and was commenced in a justice’s court, on the 29th October, 1889. The cause of action was an account for medical services rendered to defendant, during the month of April, 1888, by Dr. T. D. Monroe, amounting to $18.25; and the plaintiff sued as transferree of the account. The justice rendered judgment for the plaintiff, and the defendant took an appeal to a jury; and the jury having returned a verdict against him, he took an appeal to the Circuit…

1Opinion of the CourtStone, C. J.

-The single question in this case is, whether the general charge should have been given against plaintiffs right to a verdict. The defendant asked that charge, and its refusal is the only question reserved.

The suit was by Stanley, as transferree of an account for medical services rendered by Dr. Monroe. The record presents no question on the sufficiency or legality of the testimony, by which it is sought to prove that the services were rendered, or their value. The defense made was, that plaintiff failed to show Dr. Monroe’s light to maintain a suit for the recovery of the claim. Being…

2Cases cited3 opinions

  1. Autauga County v. DavisSupreme Court of Alabama · 1858
  2. Olds v. PowellSupreme Court of Alabama · 1845
  3. Pitts v. BurroughsSupreme Court of Alabama · 1844

3Cited by21 opinions

  1. Harris v. StateSupreme Court of Alabama · 1892
  2. Maddox v. StateSupreme Court of Alabama · 1909
  3. Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
  4. Porter v. StateCourt of Criminal Appeals of Texas · 1918
  5. Hill v. StateSupreme Court of Alabama · 1923

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