O'Bannon v. Wydick
Supreme Court of Missouri
Appeal from Howell Circuit Court. — lion. E. P. Dorris, Judge. (1) The verdict should have been for the defendant rather than the plaintiff. His petition alleges that the defendants are indebted for “medical services,” while the evidence shows that he is not a physician as specified by the statute, nor never has been, and is therefore suing for a debt contracted under false pretense, and in the practice of medicine against the positive mandate of the statute.
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Appeal from Howell Circuit Court. — lion. E. P. Dorris, Judge. (1) The verdict should have been for the defendant rather than the plaintiff. His petition alleges that the defendants are indebted for “medical services,” while the evidence shows that he is not a physician as specified by the statute, nor never has been, and is therefore suing for a debt contracted under false pretense, and in the practice of medicine against the positive mandate of the statute. Secs. 8311 and 8313, R. S. 1909',• State v. Smith, 233 Mo. 242. (2) Plaintiff’s petition does not state a cause of action. If the…
1Opinion of the Court
On April 17, 1916, plaintiff filed before R.F. Holloway, a justice of the peace, at Willow Springs, Howell County, Missouri, a suit against above defendants. The petition, without caption and signature, reads as follows:
"The plaintiff states that the defendants are husband and wife and are indebted to him in the sum of $109.35 for professional services as a mechano-therapist rendered by him to defendants and their family at their request."
A jury found the issues for defendants in the court of the justice of the peace, and judgment was entered accordingly. The case was appealed by plaintiff to…
2Cases cited1 opinion
- Smythe v. HansonMissouri Court of Appeals · 1895
3Cited by5 opinions
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- Kusnetsky v. Security InsuranceSupreme Court of Missouri · 1926
- State ex rel. Collet v. ScopelSupreme Court of Missouri · 1958
- Marker v. ClevelandMissouri Court of Appeals · 1923
- K.C. Fuel Oil Co. v. ShoecraftMissouri Court of Appeals · 1925