Whitney v. Priest

The opinion of the court was delivered by

Reavis, C. J.

Action by plaintiff, Whitney, a physician and surgeon, against W. M. Priest, as administrator of the estate of his wife, Harriet S. Priest, deceased, to recover compensation for services as physician and surgeon to the deceased during her last illness.

The first assignment of error is that there was a departure between the cause of action set out in the complaint and that stated in the reply, and also that the evidence did not sustain the contract alleged in the complaint. The court authorized the amendment of the complaint, and we are…