79 Minn. 243 | Minn. | 1900
The plaintiff brought this action in a justice court, and alleged in his complaint that he was a licensed veterinary surgeon, and that he performed services, at the agreed price of $25, for the defendant, in doctoring his horse, no part of which had been paid, except $15. The answer contained a general denial, and alleged that the parties entered into a contract whereby the plaintiff agreed to cure the horse for $25, which sum the defendant agreed to pay him
1. The defendant’s first contention is that there was no evidence to sustain the judgment of the justice court, in that there was no evidence that the plaintiff was a licensed veterinary surgeon. The only evidence on this point was the testimony of the plaintiff, which was received without objection, to the effect that he was a veterinary surgeon, and had been since 1875. If it was necessary for the plaintiff, as a condition precedent to his right to recover for his services, to allege and prove that he was a licensed veterinary surgeon, this evidence'must be held to be sufficient; the question having been raised for the first time after judgment. A veterinary surgeon is a person lawfully practicing the art of treating and healing injuries and diseases of domestic animals. A person cannot lawfully practice such art in this state without a license. G. S. 1894, § 7948. Hence the evidence in this case that the plaintiff was a veterinary surgeon implies, prima facie, that he was licensed as such. As there were no objections to this evidence, no question as to its competency can be considered. But the plaintiff was not bound to allege and prove, as a condition precedent to his right to recover, that he was a licensed veterinary surgeon, for noncompliance with the law was a matter of defense. Langworthy v. Garding, 74 Minn. 325, 77 N. W. 207.
It is further urged that there was no evidence that the plaintiff cured the horse in question. What the contract between the parties was, and whether it was performed by the plaintiff, was, under the evidence, a question of fact for the justice court, and its judgment in this respect is sustained by the evidence.
Judgment affirmed.