Texas Employers' Ass'n v. Drummond

I respectfully dissent from the judgment of affirmance and here now enter the grounds of my dissent as follows:

First. A physician cannot recover for medical services rendered, unless he has complied with the statutes regulating his right to practice. Compliance therewith is a condition precedent to his right to practice, and a physician suing to recover for such service must allege and prove such compliance, and a failure to so allege in the petition subjects it to general demurrer. Swift v. Kelly, 63 Tex. Civ. App. 270, 133 S. W. 901. It is not a matter of defense but a necessary allegation…