Bower v. Smith
Supreme Court of Georgia
Assumpsit, &c. in Randolph Superior Court. Tried- before Judge Warren, October Term, 1849. This was an action on an-account of a physician, James B. Smith, against Isaac E. Bower, to which were filed pleas of the general issue, and that the plaintiff was not a licensed physician, as required by the Statute.
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Assumpsit, &c. in Randolph Superior Court. Tried- before Judge Warren, October Term, 1849. This was an action on an-account of a physician, James B. Smith, against Isaac E. Bower, to which were filed pleas of the general issue, and that the plaintiff was not a licensed physician, as required by the Statute. On the trial, plaintiff offered in evidence his books — proved, by his own oath, that these were his books of original entries; by two witnesses, that the charges in the account were the usual charges made by physicians ; by one witness, that he had compared the items in the account with…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
As all the questions made during the progress of the trial, came under review on the motion for a new trial, we shall direct our attention exclusively to that.
[1.] It is complained that the verdict of the Jury was .contrary to the charge of the Court. If this be so, and the law of the case was properly submitted, a new trial should have been awarded. What was the charge % That, in order to authorize a verdict for the plaintiff, upon his medical account, he must prove that he was in the habit of keeping correct books, by persons who had dealings…
2Cited by7 opinions
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- Bracken & Ellsworth v. Dillon & SonsSupreme Court of Georgia · 1879
- Knight Drug Company v. NaismithCourt of Appeals of Georgia · 1946
- Cooper v. GriffinIndiana Court of Appeals · 1895
- Crump v. Bank of ToccoaCourt of Appeals of Georgia · 1930
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