Foster v. Smith
Texas Supreme Court
Appeal from Colorado County. This suit was brought to recover the amount of an open account for medical services. The account was made out as follows: “John and Rachel Foster to Francis W. Smith, M. D., Dr.” The items in the account appeared to be for services rendered to John Foster and his daughter, and for medicines. The nature of the connection between John and Rachel Foster is not alleged. Rachel Foster pleaded coverture in abatement, but did not swear to her plea.
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Appeal from Colorado County. This suit was brought to recover the amount of an open account for medical services. The account was made out as follows: “John and Rachel Foster to Francis W. Smith, M. D., Dr.” The items in the account appeared to be for services rendered to John Foster and his daughter, and for medicines. The nature of the connection between John and Rachel Foster is not alleged. Rachel Foster pleaded coverture in abatement, but did not swear to her plea. Both defendants pleaded a general denial and the statute of limitations. There is no bill of exceptions in the transcript.…
1Opinion of the CourtLipsoomb, J.
This suit was brought to recover the amount of an account for professional services as a physician. The appellants are not called husband and wife in the petition of the plaintiff below. The fact of the coverture of Rachel Foster was pleaded, but it was not sworn to. There was also the plea of the statute of limitations, and a general denial. There was no evidence of the coverture of Rachel Foster, and she seems to have been treated as a feme sole; and, as there was no bill of exceptions, we shall consider her as such in this court. From the account exhibited in the record, it appears that…
2Cited by15 opinions
- Clark Loftus v. PearceTexas Supreme Court · 1891
- Phillips Petroleum Co. v. BoolesTexas Commission of Appeals · 1925
- Jacobs v. HawkinsTexas Supreme Court · 1884
- Putnam v. PutnamArizona Supreme Court · 1890
- Colorado Life Co. v. NewellCourt of Appeals of Texas · 1935
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