Murphy v. Hutchinson
Mississippi Supreme Court
From the circuit court of Lowndes county. Hon. Robert F. Cochran, Judge. Murphy, appellant, was plaintiff in the court below;-Hutcbinson, appellee, was defendant there. From a judgment in dofendafit’s favor, predicated of a peremptory instruction, plaintiff appealed to tbe supreme court.
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From the circuit court of Lowndes county. Hon. Robert F. Cochran, Judge. Murphy, appellant, was plaintiff in the court below;-Hutcbinson, appellee, was defendant there. From a judgment in dofendafit’s favor, predicated of a peremptory instruction, plaintiff appealed to tbe supreme court. Tbe plaintiff was a practicing physician and, at the employment of defendant, nothing being said as to who would pay plaintiff, rendered professional services to laborers on the farm, of defendant’s mother. The farm was managed by defendant for his mother and as her agent. The suit, begun in a justice of the…
1Opinion of the CourtFletcher, J.
The peremptory instruction in this case was manifestly based upon the theory that Dr. Murphy, being free to sue either Mrs. Hutchinson, the principal, or W. N. Hutchinson, the agent, elected to hold the principal, and, having prosecuted a suit against Mrs. Hutchinson to final judgment, was estopped to proceed against the agent, though unsuccessful in the first action. This question involves the doctrine of election of remedies, a subject on which there is considerable conflict in the authorities.
It should be stated that in this case Dr. Murphy testifies that at the time the medical services…
2Cases cited9 opinions
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