Legal Opinion

Morgenroth v. Spencer

Wisconsin Supreme Court

Decided April 5, 1905PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Green-Lake county: Geo. W. BurNell, Circuit Judge. This action was commenced in justice’s court to recover for professional services performed by plaintiff, a physician, for the wife of defendant.

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Appeal from a judgment of the circuit court for Green-Lake county: Geo. W. BurNell, Circuit Judge. This action was commenced in justice’s court to recover for professional services performed by plaintiff, a physician, for the wife of defendant. The complaint alleges the statutory qualifications as physician, and that, at defendant’s-special instance and request, plaintiff rendered the services sued for in treatment of defendant’s wife; that such services, were necessaries which defendant was bound to furnish and provide for his wife, the reasonable worth of which defendant promised to pay;…

1Opinion of the CourtKeewiN, J.

1. The question involved under the first, second, and third assignments of error is whether there was sufficient evidence to go to the jury upon the question of d'efend-ant’s liability for plaintiff’s bill for services. It appears from the evidence that defendant and his wife were married in 1888 and lived together until 1891, when she left him and remained away for seven or eight weeks on a farm occupied by her sister, in which she had an interest; that she returned and continued to live with defendant until 1900, when she again, at the request of her sister, Mrs. Dalby, and without…

2Cases cited5 opinions

  1. Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
  2. M'Cutchen v. M'GahayNew York Supreme Court · 1814
  3. Bach v. ParmelyWisconsin Supreme Court · 1874
  4. Sturtevant v. StarinWisconsin Supreme Court · 1865
  5. Brown v. WordenWisconsin Supreme Court · 1876

3Cited by4 opinions

  1. Kerner v. Eastern Dispensary & Casualty HospitalCourt of Appeals of Maryland · 1956
  2. Richardson v. StuesserWisconsin Supreme Court · 1905
  3. Allen v. Selig Dry Goods Co.Indiana Court of Appeals · 1929
  4. Gimbel Bros. v. AdamsWisconsin Supreme Court · 1922

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