Brown v. Lewis
Supreme Court of Missouri
Appeal from Platte Circuit Cowt. This was a suit originally brought before a justice of the peace by E. W. Brown, against Sarah J. Lewis and Daniel P. Lewis, to recover the sum of $75, the alleged value of services rendered by plaintiff in treating at his eye infirmary an affection of the eyes of a child of the defendant Sarah J. Lewis.
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Appeal from Platte Circuit Cowt. This was a suit originally brought before a justice of the peace by E. W. Brown, against Sarah J. Lewis and Daniel P. Lewis, to recover the sum of $75, the alleged value of services rendered by plaintiff in treating at his eye infirmary an affection of the eyes of a child of the defendant Sarah J. Lewis. There being no evidence whatever introduced by plaintiff showing or tending to show a liability on the part of the defendant Daniel P. Lewis, the defendants moved the court to direct the jury to find a separate verdict as to the said D. P. Lewis, in order that…
1Opinion of the CourtRyland, Judge
The court below should have directed the jury to pass upon the case, so far as it concerned the defendant Daniel D. Lewis. There is not a particle of evidence preserved on the record showing his connection with the contract made between plaintiff Brown and Sarah Jane Lewis. It is manifest that he was made a party improperly. He made no contract with Brown on the subject of medical service by Brown to be bestowed on the child of Mrs. Sarah Jane Lewis. He must have been joined in the suit by plaintiff from improper motives, to exclude his testimony; and it was the duty of the court to…
2Cases cited2 opinions
- Hood v. MathisSupreme Court of Missouri · 1855
- Campbell v. HoodSupreme Court of Missouri · 1840