Downs v. Minchew
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. C. W. BapieR. This action was founded on an open account for medical services rendered by the plaintiff, as a physician, in the State of Texas. Notice was served on him, that his license to practice medicine as a physician would be required on the trial; but he produced no license. There was no proof that the laws of Texas required a physician to have a license or diploma.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. C. W. BapieR. This action was founded on an open account for medical services rendered by the plaintiff, as a physician, in the State of Texas. Notice was served on him, that his license to practice medicine as a physician would be required on the trial; but he produced no license. There was no proof that the laws of Texas required a physician to have a license or diploma. On these facts, the court instructed the jury, that the plaintiff could not recover; to which charge the plaintiff excepted, and took a nonsuit. The judgment…
1Opinion of the CourtStone, J.
It is argued for the appellee, that the record fails to connect the nonsuit with the rulings of the primary court. We think the principle to be extracted from our decisions is, that if the record establishes the fact that the decision below was the cause of the nonsuit, and that the party excepted with a view to a revision by this court, the statute is complied with. — Code, § 2357; Shields v. Byrd, 15 Ala. 818; Tate v. McCrary, 21 Ala. 499; Duncan v. Hargrove, 22 Ala. 150. The question here presented has been, in effect, decided adversely to the views of the appellee. — See Duncan v.…
2Cases cited4 opinions
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Blackburn v. MinterSupreme Court of Alabama · 1853
- Tate v. McCrarySupreme Court of Alabama · 1852
- Shields v. ByrdSupreme Court of Alabama · 1849
3Cited by3 opinions
- Long v. HolleySupreme Court of Alabama · 1908
- Lay v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1911
- Priebe v. Southern Railway Co.Supreme Court of Alabama · 1914