Supreme Judicial Court of Maine, 1873

Monroe v. Thomas

Monroe v. Thomas
Supreme Judicial Court of Maine · Decided July 1, 1873 · Appleton, Barrows, Cutting, Dickerson, Peters, Walton
61 Me. 581

Monroe v. Thomas

Opinion of the Court

Appleton, C. J.

This is an action of assumpsit for medical services rendered the defendant.

One of the charges originally was: “ To advice, brandy, and wine of calisaya, sent by son, $1.00.” The plaintiff was allowed to amend his writ by striking out the word brandy. That being stricken out, the plaintiff could, not recover therefor, and there is no proof he did.

The amendment was properly allowed. Boyd v. Eaton, 43 Maine, 51.

Thq case shows that a motion for a new trial and to set aside the verdict as against evidence has been filed; but the evidence as reported shows no ground whatever for disturbing it.

Motion and exceptions overruled.

Cutting, Walton, Dickerson, Barrows, and Peters, JJ., concurred.

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