Howell v. Goodrich

Citations

• 69 Ill. 556

Syllabus

<p>1. Former adjudication. In a suit against a physician, to recover damages for malpractice in setting the arm of plaintiff’s boy.it appeared that, in a former suit by the physician against the plaintiff to recover for professional services in setting the boy’s arm, the father resisted the right to recover, on the ground of malpractice, which was found against him, and a recovery had for the price charged: He Id, that the adjudication in the prior suit was a bar to the suit by the father to recover for the alleged malpractice. '</p> <p>2. Action—successive suits for accruing damages. For malpractice by a physician in setting a broken arm, successive suits can not be brought from time to time, as damages in the future may be suffered, but the recovery is once for all, and may embrace prospective as well as accrued damages.</p> <p>3. Justice oe the peace—;jurisdiction of, matter in defense in the nature of an action on the case. In a suit before a justice of the peace to recover for professional services in setting a broken arm of the defendant’s child, the defendant may set up in defense of the action, and prove, malpractice on the part of the plaintiff, and recoup the damages growing out of the same, and thus reduce or defeat the plaintiff’s claim, and the justice will have jurisdiction of the matter of defense.</p> <p>4. Bill of exceptions—when need not show all the evidence. Where a former adjudication between the same parties was set up in defense of an action and found against the defendant, and the finding in this respect is alone sought to he reviewed, the hill of exceptions will he sufficient if it contains all the evidence relating to the former suit, although it may not purport to contain all the evidence given on the trial.</p>