Jeffries v. Harris

• Decision Date: 30 June 1824
• Citation: Jeffries v. Harris, 10 N.C. 105 (N.C. 1824)
• Court: North Carolina Supreme Court
• Parties: JEFFRIES v. HARRIS—From Person.

10 N.C. 105

JEFFRIES

v.HARRIS—From Person.

SUPREME COURT of NORTH CAROLINA

JUNE TERM, 1824

In assumpsit by a physician for his services, defendant shall not call witnesses to prove the general character of plaintiff as a physician.

ASSUMPSIT for services as a physician. Defendant called a witness, a physician, to prove the general character of the plaintiff as a. physician. The court rejected the testimony, but permitted defendant to show that the plaintiff had not been regularly educated as a physician.

The improper rejection of evidence formed the ground of a motion for a new trial below, and was one question presented to this Court on the appeal of the defendant.

Another question was presented on the affidavit of the plaintiff, made under sec. 10 of the act of 1777, ch. 115, New Revisal.

TAYLOR, C. J. The affidavit filed by the plaintiff is within the very terms of the act of 1777, sec. 10, and entitles him to judgment for the sum really proved.

The evidence as to the plaintiff's general character as a physician was properly rejected. Character was not put in issue by the nature of this action, and the defendant is equally liable on his assumpsit, whether the plaintiff's character were good or bad; for if he chose to employ him as a physician it is...