Irwin v. Hawfield

CAYTON, Chief Judge.

Appellee, a physician, sued for professional services rendered to Mrs. Emma Irwin. He named as defendants Mrs. Irwin and her husband, J. D. Irwin. • Finding and judgment were entered against the husband only, and he appeals.

Plaintiff’s evidence showed that the services, which were performed between October 1945 and May 1946, were rendered without the knowledge or consent of appellant husband who had since July 1945 been paying to his wife under order of the United States District Court the sum of $225 per month, as alimony pendente lite.

The trial judge based his decision…