Legal Opinion

Malone v. Escambia County

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 6 opinions

Appeal from the Circuit Court of Escambia. Tried before the Hon. John Moore. This was an action brought by H. H. Malone against the appellee, Escambia county ; to recover of the defendant for professional services rendered by the plaintiff to one Tom Dower. The first and second counts of the complaint, as originally filed, were upon.the common counts for money due on an account, and for wort and services performed. ■ The third count of the complaint was as follows; “Third.

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Appeal from the Circuit Court of Escambia. Tried before the Hon. John Moore. This was an action brought by H. H. Malone against the appellee, Escambia county ; to recover of the defendant for professional services rendered by the plaintiff to one Tom Dower. The first and second counts of the complaint, as originally filed, were upon.the common counts for money due on an account, and for wort and services performed. ■ The third count of the complaint was as follows; “Third. The plaintiff further claims of the defendant the sum of forty dollars for professional services as physician and surgeon…

1Opinion of the CourtHaralson, J.

By the Code of 1852, there was no provision by which the county was liable for medical services rendered at the request of the sheriff to insolvent prisoners confined in jail. — Mitchell v. Tallapoosa County, 30 Ala. 130.

By an act approved February 14, 1856 (Acts of 1855-56, p.,137), it was provided, that whenever any person was *218confined in jail who required medical attention, the sheriff or j ailer should procure such medical attention ; and it was made lawful for the commissioners’ court of each county to allow physicians reasonable fees for attending insolvent prisoners in the county jail.…

2Cases cited1 opinion

  1. Mitchell v. Tallapoosa CountySupreme Court of Alabama · 1857

3Cited by6 opinions

  1. Ex Parte University of South AlabamaSupreme Court of Alabama · 2001
  2. Baptist Health Systems, Inc. v. City of MidfieldSupreme Court of Alabama · 2001
  3. Limestone County v. City of Huntsville Hospital BoardCourt of Civil Appeals of Alabama · 1982
  4. Cochise County v. MichelenaArizona Supreme Court · 1914
  5. Dodge County v. DiersNebraska Supreme Court · 1903

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