Bohn v. Lowery
Mississippi Supreme Court
From the circuit court of Harrison county. HoN. Tiiaddeus A. Wood, Judge. . Bohn, the appellant, a physician, was the plaintiff in the court below; Lowery, the appellee, was defendant there. The action was upon an account for professional services rendered by the physician to defendant during a severe illness of the latter.
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From the circuit court of Harrison county. HoN. Tiiaddeus A. Wood, Judge. . Bohn, the appellant, a physician, was the plaintiff in the court below; Lowery, the appellee, was defendant there. The action was upon an account for professional services rendered by the physician to defendant during a severe illness of the latter. It was shown by way of defense that the services were rendered without compliance by plaintiff with the statute making it unlawful to practice medicine without a license. The court below decided the defense good and the man of medicine appealed to the supreme court. From a…
1Opinion of the Court
TeRR.au, L,
delivered the opinion of the court.
By the common law a contract founded upon an illegal consideration, or one made against public policy, is void, and no action can be maintained thereon. And where the doing of an act is prohibited by legislative authority, under a penalty, it cannot constitute a consideration to support a contract.
The illegality, whether arising by the common law or from the statute, affects the act or contract with like infirmity. An exception to this rule of law prevails where the penalty is imposed on tliQ offending party merely for the purpose of revenue and…
2Cases cited1 opinion
- Deans v. McLendonMississippi Supreme Court · 1855
3Cited by4 opinions
- Quartette Music Co. v. HaygoodMississippi Supreme Court · 1914
- Huddleston v. McMillan Bros.Mississippi Supreme Court · 1916
- Lyon v. LeetSupreme Court of Iowa · 1925
- Doty v. AtkinsonDistrict Court, N.D. Mississippi · 1966