—This suit is fоr medical services, and was instituted before a justicе of the peace. The circuit court, on appeal, tried the cause without the intervention of a jury, and rendered judgment for plaintiff. In doing so the court made a special finding, which is conceded to be supрorted by the evidence, and which is as follows:
“That the рlaintiff has been a_ practicing physician in other states than Missouri for about eleven years;*287 that he practiced medicine in the state of Missouri for two yeаrs only prior to the time of performing the services mentioned in plaintiff’s account; that the plaintiff did not have a certificate of the state board of health at the time said services were performed, as required by section 6871, Revised Statutes of 1889; that the services for which plaintiff claims compensation were performed, as claimed, on plaintiff’s account; that thе amount due plaintiff, after allowing just credit, is $104.”
The defendant on the present appeai contends that, upon the facts thus found, he was entitled to judgment. Sections 6871 аnd 6881, Revised Statutes of 1889, require that practitioners of medicine should have a certificate from the state board of health, and that any one who shall practice medicine without-such certificate shall be guilty of a misdemeanor, and shall be subject to fine and imprisonment, unless he has practiced medicine in this state fоr five years prior to the enactment of the statutе. The statute, as it formerly stood, provided, in addition, that the offending party “shall not be permitted to recover any compensation for services rendered as such physician or surgeon”- R. S. 1879, sec. 6304. Under the statute, as it formerly .stood, we decided in Davidson v. Bohlman,
The statement filed before the justice was sufficient to show the nature of the services sued for. Judgment affirmed.