People ex rel. Waring v. Monroe C. P.

4 Wend. 200 | N.Y. Sup. Ct. | 1830

By the Court,

Savage, Ch. J.

The note was properly received in evidence, although not specified in the bill of particulars. The use of a bill of particulars is to apprise a party of the specific demands of his adversary when the pleadings are general and leave uncertain what is particularly demanded either in a declaration of notice of set off; and has no application whatever when the demand is specifically set forth in the- pleadings: The charges for the services of the student of the plaintiffs, who were physicians and surgeons, were proper. The statute prohibiting the recovery of fees by unliscenced physicians does not prevent the recovery for such services ; it is a recovery by the masters, who are licenced physicians, for services rendered by the servant, On neither ground was the relator entitled to succeed m ms motion to set aside the report. The mandamus is denied.