Stewart v. Wright

The opinion of the court was delivered by

Harvey, J.:

In this case a physician sued to recover $50 on an account for professional services in treating defendant’s minor son. Defendant answered, denying liability and alleging he was damaged in the sum of $117.98 by plaintiff’s malpractice. The jury returned a verdict for defendant for $69.40. Plaintiff has appealed. Defendant moved to dismiss the appeal for the reason that the judgment is less than $100. (R. S. 60-3303.) But plaintiff has involved in the controversy the sum he sought to recover, plus the judgment against him. The amount of this…