Ericson v. Charles

The opinion of the court was delivered by

Johnston, C. J.:

The plaintiff sued the defendant, a surgeon, for violation of his contract in the performance of a surgical operation upon her, and also for malpractice. She further asked that he be enjoined from enforcing a judgment *206that he had obtained against her for his services. A demurrer was sustained as to the malpractice count, and also to the cause of action for injunction. From these rulings she appeals.

So far as the recovery on the count for malpractice is concerned, it turns upon the application of the statute of limitations. The action…