McDonald v. Harris
Supreme Court of Alabama
Appeal from the 'Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. This action was instituted by the appellee against appellant as executor of the will of Thomas W. McDonald, deceased, to recover for medical services rendered by the former to the defendant’s testator. There were three counts, the first for work and labor done and due on the 20th of August, 1898; the second, on an account; and the third, an account stated.
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Appeal from the 'Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. This action was instituted by the appellee against appellant as executor of the will of Thomas W. McDonald, deceased, to recover for medical services rendered by the former to the defendant’s testator. There were three counts, the first for work and labor done and due on the 20th of August, 1898; the second, on an account; and the third, an account stated. The defendant pleaded the general issue and the two following special pleas: “2d. For further plea in this behalf the defendant says that this suit is for…
1Opinion of the Court
McCLELLAN, C. j.
-This is an action by Harris against the executor of the estate of Thomas W. McDonald, deceased, for the value of medical services rendered by plaintiff to and for the decedent. The executor, Daniel J. McDonald, is a son of said Thomas W. The defendant sought to prove certain transactions between Harris and Thomas W. McDonald and certain 'statements by the latter by the testimony of himself, said Daniel J., and of Mrs. Thomas W. McDonald, the widow of the deceased. Of course, the estate of said Thomas W. was directly interested in the result of the suit. Of course, also,…
2Cases cited5 opinions
- Boykin v. SmithSupreme Court of Alabama · 1880
- Tisdale v. MaxwellSupreme Court of Alabama · 1877
- Adler v. PinSupreme Court of Alabama · 1885
- McCrary's Adm'r v. Rash's Adm'rSupreme Court of Alabama · 1877
- Dunlap v. MobleySupreme Court of Alabama · 1881
3Cited by23 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Barfield v. South Highlands InfirmarySupreme Court of Alabama · 1915
- Moore v. SmithSupreme Court of Alabama · 1927
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