46 S.C. 505 | S.C. | 1896
The opinion of the Court was delivered by
This is an appeal from the judgment of the Circuit Court, affirming the judgment of a trial justice’s court, on an action upon an account for medical services rendered and medicine furnished by the plaintiff to two negro men on the order of the defendant, as alleged. The action was commenced before J. G. Hardin, Esq., a trial justice of Abbeville County, February 20th, 1895, andón March 13th, 1895, the day fixed for trial, judgment was rendered against the defendant for $48.75, the amount claimed. The defendant did not appear at the time fixed for trial, but arrived later in the day; and upon his showing that he was unable to reach the place of trial in
A new trial was had April 3d, 1895, and the jury drawn to try the case rendered a verdict in favor of the plaintiff for $20. The plaintiff, being dissatisfied, moved for a new trial, which was granted, and the second new trial was had without a jury April 29th, and judgment was rendered by the trial justice against the defendant for $48.75, and costs. From this judgment the defendant appealed to the Circuit Court, on these grounds: (1) Because the trial justice erred in setting aside the verdict rendered on April 3d, 1895, and granting a new trial. (2) Because the trial justice completely ignored the evidence on the part of the defendant. (3) Because there is no law or custom authorizing Dr. Speer to charge against defendant his bill for services rendered defendant’s tenants, and Dr. Speer’s custom in such cases is not binding on defendant, and cannot establish Dr. Speer’s claim against him or make him liable for the debt of another, he having made no agreement in writing to be so liable. (4) Because it was error to render said judgment against defendant, the defendant not having employed Dr. Speer or contracted to pay his bill. The report of the trial justice will be set out in the report of this case. The orders referred to in the trial justice’s report, introduced in evidence by the plaintiff, were three, as follows: (1) “For Bill Mack, March 9th, ’93. Meschine.” (2) “For Bill March 13th, ’93. Meschine.” (3) “Please come as soon as possible for Jake Harris. Meschine.” This last order was received March 30th, ’93.
The concluding part of the report of the trial justice is as follows: “There is no dispute as to the giving of the orders. The orders are subject to different constructions as shown by the testimony, and we have only the circumstances surrounding the case from which to draw a conclusion. It appears from the testimony in the case that the plaintiff rendered these servicies, and that his not presenting his accounts to his patients is proof that he relied upon the
The Circuit Court affirmed the judgment of the trial justice, reciting in the order that it did not appear that any error of law was committed by the trial justice, and “it appearing that the judgment of the trial justice was founded upon findings of fact which are not without evidence to support them.” The defendant presents seven exceptions to this judgment of the Circuit Court.
The seventh exception raises no question not disposed of above.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.