Morrissett v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John It. Tyson. The appellee, Dr. M. L. Wood, brought an action of as: sumpsit in the circuit court of Montgomery county, against E. P. Morrisott as executor of the last.-will of B. L. Barksdale, deceased, to recover fifteen hundred dollars plaintiff claimed to be due him for medical services rendered to defendant’s testator.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John It. Tyson. The appellee, Dr. M. L. Wood, brought an action of as: sumpsit in the circuit court of Montgomery county, against E. P. Morrisott as executor of the last.-will of B. L. Barksdale, deceased, to recover fifteen hundred dollars plaintiff claimed to be due him for medical services rendered to defendant’s testator. After the plaintiff had filed his complaint, the defendant made a tender of $150 to the plaintiff, and upon his refusal to accept the same1 in satisfaction of his demand, defendant deposited said amount…
1Opinion of the CourtMcCLELLAN, C. J.
The statement of the plaintiff as a-witness that lie knew the defendant’s testator, and *391that he had a certain disease for several years before his death, and that he died of that disease complicated with another which witness named, involved no transaction Avith the deceased, and is not Avithin the first — or any other — exception to the. competency of parties as witnesses under section 1794 of the Code.
•The trial court erred in admitting testimony as to the value of the patient’s estate, against the objection of the defendant. The inquiry was as to the value of the professional services…
2Cited by18 opinions
- Sovereign Camp, W. O. W. v. DavisSupreme Court of Alabama · 1941
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Caulk v. AndersonTexas Supreme Court · 1931
- Cotnam v. WisdomSupreme Court of Arkansas · 1907
- Hamilton v. Cranford Mercantile Co.Supreme Court of Alabama · 1918
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