Legal Opinion

Newsom v. Lindsey

Supreme Court of Georgia

Decided January 15, 1857No. 75PublishedCited by 2 opinions

Complaint, from Taylor Superior Court. Tried before Judge Worrill, October Term, 1856. This was an action brought by Benjamin F. Newsom, plaintiff, against Caleb Lindsey, administrator of Wright Johnson, deceased, to recover an account for medical services rendered the deceased in the year 1853. The plaintiff proved that he had rendered and performed the services, and the value thereof; he also proved that he was a practicing physician and surgeon in this State, at and…

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Complaint, from Taylor Superior Court. Tried before Judge Worrill, October Term, 1856. This was an action brought by Benjamin F. Newsom, plaintiff, against Caleb Lindsey, administrator of Wright Johnson, deceased, to recover an account for medical services rendered the deceased in the year 1853. The plaintiff proved that he had rendered and performed the services, and the value thereof; he also proved that he was a practicing physician and surgeon in this State, at and before the twenty-fifth day of December, 1847, to-wit: from 1845, up to this time. Defendant demurred to said evidence as…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

The only point in this case is, whether the plaintiff has a right, as an unlicensed practicing physician to recover the account sued for, it being for professional services rendered. The Act of 1825, declares all bonds, notes, promises and assumptions made to unlicensed physicians for services rendered as a physician or surgeon, utterly void and of no effect. The same act contains a provision, that it shall not have any operation or effect upon any person then practicing medicine or surgery in this State, who had theretofore been a practicing…

2Cited by2 opinions

  1. Parkerson v. BurkeSupreme Court of Georgia · 1877
  2. Maddox v. BoswellSupreme Court of Georgia · 1860

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