Harttmann v. Tegart
Supreme Court of Kansas
Error from Douglas District Cou/rt. Tegart sued Harttmann before a justice of the peace, for medical attendance and services rendered by plaintiff for defendant’s wife. The justice gave judgment for plaintiff for $129.50, and costs. On petition in error to the district court, said justice’s judgment, at the November Term 1872, was affirmed: and HarttmarCn now brings the case here on error¿ The facts sufficiently appear in the opinion.
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Error from Douglas District Cou/rt. Tegart sued Harttmann before a justice of the peace, for medical attendance and services rendered by plaintiff for defendant’s wife. The justice gave judgment for plaintiff for $129.50, and costs. On petition in error to the district court, said justice’s judgment, at the November Term 1872, was affirmed: and HarttmarCn now brings the case here on error¿ The facts sufficiently appear in the opinion. It affirmatively appeared that Tegart had not the authority or consent of plaintiff in error, to attend professionally upon his wife. Tegart himself testifies:…
1Opinion of the Court
*179The opinion of the court was delivered by
Valentine, J.:
Only' one question is presented to us for our- consideration, by the briefs of counsel. That question is, whether the facts proved, as shown by the bill of exceptions allowed in the justice’s court, constitute any cause of action in favor of Tegart, the plaintiff below. From an inspection of the, record we should think that other questions might have been raised, but as they ryere not raised we shall not consider them, but pass at once to the consideration of the question which counsel seem to unite in asking us to decide. All the…
2Cases cited11 opinions
- Blowers v. SturtevantNew York Supreme Court · 1847
- M'Cutchen v. M'GahayNew York Supreme Court · 1814
- Walker v. SimpsonSupreme Court of Pennsylvania · 1844
- Brown v. MudgettSupreme Court of Vermont · 1868
- Rea v. DurkeeIllinois Supreme Court · 1861
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3Cited by3 opinions
- St. Francis Regional Medical Center, Inc. v. BowlesSupreme Court of Kansas · 1992
- State v. HillSupreme Court of Iowa · 1913
- St. Francis Regional Medical Center, Inc. v. BowlesCourt of Appeals of Kansas · 1991