Legal Opinion

Gerlach v. Turner

California Supreme Court

Decided June 10, 1891No. 13322PublishedCited by 4 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

— This is an action to recover $850 for medical services alleged to have been rendered at the special instance and request of the defendant in attending his wife, or reputed wife, Mary J. Turner, during her last illness.

In a former action against the administrator of Mary J. Turner for the value of the same services, the plaintiff was defeated by proof of her marriage to this defendant, and of an employment by him; from which it followed that he, and not her estate, was liable for the demand. (Gerlach v. Terry, 75 Cal. 290.)

Thereupon this action was commenced, in which the plaintiff has been…

2Cases cited1 opinion

  1. Gerlach v. TerryCalifornia Supreme Court · 1888

3Cited by4 opinions

  1. Martin v. Southern Pacific Co.California Supreme Court · 1906
  2. Stahmer v. StahmerCalifornia Court of Appeal · 1932
  3. Benton v. StadlerWisconsin Supreme Court · 1931
  4. Alcaide v. MoralesSupreme Court of Puerto Rico · 1920

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