Marshall v. Riley
Supreme Court of Georgia
Assumpsit, in Bibb Superior Court. Tried before Judge Floyd, July Term, 1849. The plaintiff in error brought suit against the defendant, on a promissory note for $150, to which special defence was made that the note was given for services rendered by plaintiff as a practitioner of medicine; that he never was licensed by the Board of Physicians, established by the Statute of the State, and was, therefore, not entitled to sue for and recover compensation for such services.
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Assumpsit, in Bibb Superior Court. Tried before Judge Floyd, July Term, 1849. The plaintiff in error brought suit against the defendant, on a promissory note for $150, to which special defence was made that the note was given for services rendered by plaintiff as a practitioner of medicine; that he never was licensed by the Board of Physicians, established by the Statute of the State, and was, therefore, not entitled to sue for and recover compensation for such services. Pending the trial at July Term, 1849, defendant having previously filed interrogatories for the plaintiff, under the Act of…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivéring the opinion.
The taking of the testimony of the plaintiff in this case, Was under the Act of 1847, “ to authorize parties to compel discoveries at Common Law.” It requires that the interrogatories be filed, and then it must be made to appear to the Court where the cause is pending, by the oath of the party filing the same, or otherwise, that the answers thereto will be material evidence in the suit, and that the questions propounded are pertinent, and such as the adverse party would be bound to answer upon a bill of discovery in a Court of Chancery.
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2Cited by26 opinions
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- Stanley v. StateSupreme Court of Georgia · 1977
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