Eskridge v. Avery

The appellant, a physician, sued the appellee for services as an expert witness for the people at the trial of a criminal prosecution against one Frank W. Millington and another. The complaint alleged an express contract between the plaintiff and the defendant, whereby the latter promised, in consideration that the former would attend the trial and testify for the prosecution, to pay him $25.00 per day for each day’s attendance in court as such witness. It also averred that in pursuance of the agreement the plaintiff attended at the trial twenty-five days, and testified in the cause, and so…