Philler v. Waukesha County
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Waukeshacounty: Martin L. Lueck, Circuit Judge. Appeal by plaintiff from order sustaining demurrer to the complaint, wherein it was alleged that plaintiff was a competent physician; that in January, 1907, one McMahon was charged with the crime of murder and interposed a plea of insanity; that plaintiff, at the request of McMahon’s attorneys and upon their assurance that the county would be liable for his services, made careful…
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Appeal from an order of tbe circuit court for Waukeshacounty: Martin L. Lueck, Circuit Judge. Appeal by plaintiff from order sustaining demurrer to the complaint, wherein it was alleged that plaintiff was a competent physician; that in January, 1907, one McMahon was charged with the crime of murder and interposed a plea of insanity; that plaintiff, at the request of McMahon’s attorneys and upon their assurance that the county would be liable for his services, made careful medical examination of said McMahon with reference to sanity, and in January attended upon the trial and gave testimony as…
1Opinion of the CourtDodge, J.
1. The complaint evinces a main purpose to ■state a cause of action against the county for the value of a physician’s time and services in making examinations of the ■symptoms and mental condition of a defendant in a criminal trial and in attending court to testify with respect to his sanity “as an expert witness,” in the words of the complaint. Except for said quoted clause there is no suggestion as to the ■character of the testimony he gave, whether it related to facts which he discovered by observation, albeit a trained and expert observation, or to an opinion; probably both., The effect…
2Cases cited15 opinions
- West v. StateWisconsin Supreme Court · 1853
- Dixon v. PeopleIllinois Supreme Court · 1897
- Barrus v. PhaneufMassachusetts Supreme Judicial Court · 1896
- Ex parte DementSupreme Court of Alabama · 1875
- Buchman v. StateIndiana Supreme Court · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- City & County of San Francisco v. Superior CourtCalifornia Supreme Court · 1951
- People Ex Rel. Kraushaar Bros. & Co. v. ThorpeNew York Court of Appeals · 1947
- Imposition of Sanctions in Alt v. ClineWisconsin Supreme Court · 1999
- Carney-Hayes Ex Rel. McCormack v. Northwest Wisconsin Home Care, Inc.Wisconsin Supreme Court · 2005
- Stevenson v. Milwaukee CountyWisconsin Supreme Court · 1909
15 more not listed; retrieve them via the Exa API.