Barber v. Howd

This is an action of assumpsit commenced before a justice. Plaintiff declared orally on the common counts, filing a bill of particulars for medical and surgical services and appliances, furnished in October and November, 1889, amounting.to $125. Defendant, after commencement of suit, paid into the court the amount of plaintiff's claim and costs, except $50, and as to that amount he pleaded the general issue, and, in *222abatement, payment under garnishee proceedings. Plaintiff recovered before the justice, and defendant appealed to the circuit, where plaintiff again recovered.

In April, 1887, one…