Garrey v. Stadler
Wisconsin Supreme Court
APPEAL from the Circuit Oourt for Marathon County. The case is sufficiently stated in the opinion. There was a verdict for the defendant, and from the judgment entered thereon the plaintiff appealed. They cited 3 Wait’s Act. & Def. 595; MoCrary v. Puddick, 33 Iowa, 521; Shelton v. Johnson, 40 id. 84; 2 Parsons on Cont. (5th ed.), 46, 58; Phillips v. Jones, 1 Ad. & El. 333; Peacock v. Peacock, 2 Campb. 45; Watermcm v. ■Gibson, 5 La.
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APPEAL from the Circuit Oourt for Marathon County. The case is sufficiently stated in the opinion. There was a verdict for the defendant, and from the judgment entered thereon the plaintiff appealed. They cited 3 Wait’s Act. & Def. 595; MoCrary v. Puddick, 33 Iowa, 521; Shelton v. Johnson, 40 id. 84; 2 Parsons on Cont. (5th ed.), 46, 58; Phillips v. Jones, 1 Ad. & El. 333; Peacock v. Peacock, 2 Campb. 45; Watermcm v. ■Gibson, 5 La. Ann. 672; James v. Bixby, 11 Mass. 34; Farmington Academy v. Allen, 14 id. 172.
1Opinion of the CourtTaylor, J.
The appellant, a physician and surgeon, brought his action against the respondent to recover for medical and surgical services performed for and upon the *513person of the respondent. There is no controversy as to the fact that the services were performed by the appellant, and upon the person of the respondent, nor as to the value of such services. The respondent alleges, however, as a defense to the action, that at the time the services were rendered one Dr. Fleischer was his attending physician and surgeon, and that the appellant was calléd in for consultation with Dr. Fleischer and to aid and…
2Cases cited3 opinions
- James v. BixbyMassachusetts Supreme Judicial Court · 1814
- McCrary v. RuddickSupreme Court of Iowa · 1871
- Shelton v. JohnsonSupreme Court of Iowa · 1874
3Cited by5 opinions
- Cate v. HutchinsonNebraska Supreme Court · 1899
- Tyson v. BaizleySuperior Court of Pennsylvania · 1908
- In re the Judicial Settlement of Account of Proceedings of Security Trust Co.New York Surrogate's Court · 1928
- Opheim v. IversonSouth Dakota Supreme Court · 1944
- Semple v. RingoNorth Dakota Supreme Court · 1919