Jones v. Burtis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. Tbe plaintiff sued to recover a balance of $410 alleged to be due him from the defendant for services rendered to her as a physician and surgeon, and also for $69.50 for moneys had and received by the defendant to his use.
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APPEAL from the Circuit Court for Waukesha County. Tbe plaintiff sued to recover a balance of $410 alleged to be due him from the defendant for services rendered to her as a physician and surgeon, and also for $69.50 for moneys had and received by the defendant to his use. The. defendant, after answering the allegations of the complaint, interposed a counterclaim, to which the plaintiff replied, and she also set up, “ by way of a further and second counterclaim,” a cause of action for malpractice, in a diffuse, prolix, and somewhat inartificial manner, and after alleging as damages, in…
1Opinion of the CourtPiNNEY, J.
It is plain that the circuit court properly regarded all that part of the answer after the first counterclaim, to which the plaintiff replied, as constituting but one counterclaim, denominated and numbered by the pleader as his second counterclaim. It is true that, after setting forth the facts upon which the defendant relied to establish the plaintiff’s liability for malpractice, she quite unnecessarily states that she claimed to recover back what she had paid him, as a counterclaim, and then, in the next paragraph, states that in consequence of his failure to treat her properly, as a…
2Cases cited1 opinion
- Peck v. MartinIndiana Supreme Court · 1861
3Cited by4 opinions
- Meisenheimer v. KelloggWisconsin Supreme Court · 1900
- Nickley v. EisenbergWisconsin Supreme Court · 1931
- Boisot v. Amarillo St. Ry. Co.District Court, N.D. Texas · 1917
- Crowty v. StewartWisconsin Supreme Court · 1897