Leggat v. Gerrick
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Dr. A. C. Leggat against John Gerrick. From an order denying a motion for a new trial, defendant appeals. A physician who has not procured a certificate entitling him to practice medicine cannot recover compensation for services rendered as such.
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Appeal from District Court, Silver Bow County; John B. Mc-Clernan, Judge. Action by Dr. A. C. Leggat against John Gerrick. From an order denying a motion for a new trial, defendant appeals. A physician who has not procured a certificate entitling him to practice medicine cannot recover compensation for services rendered as such. (Roberts v. Levy (Cal.), 31 Pac. 570; Bohn v. Lowery, 77 Miss. 424, 27 South. 604.) The burden is on the physician suing to recover compensation to allege and prove a compliance with the statute. {Adams v. Stewart, 5 Harr. (Del.) 144; Cooper v. Griffin, 13 Ind. App.…
1Opinion of the CourtJustice Holloway
This action was brought by Dr. A. C. Leggat to recover a balance of $100 for professional services rendered for the defendant. The action appears to have originated in the justice of the peace court. In the district court it was tried to the court sitting without a jury, a jury having been expressly waived. The court made findings of fact and conclusions of law in the plaintiff’s.favor, and rendered judgment that he recover from the defendant the sum of $100, with interest thereon from May 26, 1902. From an order denying defendant a new trial, this appeal is prosecuted.
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2Cases cited15 opinions
- Hefferlin v. KarlmanMontana Supreme Court · 1903
- Langworthy v. GardingSupreme Court of Minnesota · 1898
- Lacy v. County of KossuthSupreme Court of Iowa · 1898
- Thompson v. SayreCourt for the Trial of Impeachments and Correction of Errors · 1845
- McPherson v. CheadellNew York Supreme Court · 1840
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3Cited by6 opinions
- Eskestrand v. WunderMontana Supreme Court · 1933
- Williams v. JohnsonMontana Supreme Court · 1914
- Caddo Nat. Bank v. MooreSupreme Court of Oklahoma · 1911
- Becker v. HumphriesCourt of Appeals of Georgia · 1925
- Glendenning v. SlaytonMontana Supreme Court · 1919
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