McKillip v. Bonynge

Mr. Presiding Justice Sears

delivered the opinion of the court.

But two questions are presented upon this appeal: First, whether the demurrer to appellee’s declaration was properly overruled; and secondly, whether there was error in the assessment of damages.

Upon the first question no other contention is made by appellant except that the statute prohibits the sort of surgical operation which was performed by appellant, and that the claim of appellee can not be maintained for a matter growing out of an unlawful undertaking. It is sufficient to say, in disposing of this contention, that the act…