Legal Opinion

Guerin v. Clarke County

Washington Supreme Court

Decided March 11, 1916No. 13257PublishedCited by 22 opinions

Appeal from a judgment of the superior court for Clarke county, Back, J., entered May 29, 1915, upon granting a nonsuit, dismissing an action on an implied contract for services rendered.

1Opinion of the CourtBausman, J.

The plaintiff physician sues a county for professional services rendered in the county to one resident and eight nonresidents indigent, but judgment was properly rendered against him, for he neither had a claim to begin with nor had properly presented one.

These persons were not accepted paupers, and no county officer had requested plaintiff to treat them. Nothing can be plainer, under B.em. & Bal. Code, § 83T7 et seq. (P. C. 115 § 311), than that, however much the poor may of a sudden require a physician, a bill for such work cannot be run up against the county without an order from some one…

2Cases cited1 opinion

  1. King County v. Collins, Washington Territory1875

3Cited by22 opinions

  1. Lajoie v. Central West Casualty Co.Missouri Court of Appeals · 1934
  2. Schambs v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1919
  3. Rummens v. EvansWashington Supreme Court · 1932
  4. Luges v. WindellWashington Supreme Court · 1921
  5. Fenton v. PostonWashington Supreme Court · 1921

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