Wheeler v. Sawyer

• Decision Date: 07 August 1888
• Citation: 15 A. 67
• Parties: WHEELER v. SAWYER.
• Court: Maine Supreme Court

15 A. 67

WHEELER

v. SAWYER.¹

Supreme Judicial Court of Maine.

August 7, 1888.

On agreed statement of facts from supreme judicial court, Franklin county.

Assumpsit to recover compensation for medical services rendered by a Christian scientist. The agreed statement of facts is as follows: This is an action of assumpsit, for treatment as a Christian scientist rendered defendant's intestate, in his life-time, as per writ. The writ is dated January 31, 1888, and is to make a part of the case. It is admitted and agreed that at time of rendering the services sued for plaintiff was a resident of Wilton, Me.; that he is and was a regular practicing Christian scientist; that he is graduate of the Massachusetts Metaphysical College, of Boston, Mass.; and that prior to rendering the services sued for he had obtained from the selectmen of the town of Wilton, where he resided, a certificate of good moral character. It is further admitted and agreed that plaintiff attended and treated said Oliver 10 weeks, at the price agreed upon of $3 per week, and that this was plaintiff's regular price. Said Oliver expressed himself as improved under said treatment. All irregularities, if any, in proceedings are hereby waived, and if plaintiff is entitled to recover under the law as a Christian scientist, judgment is to be entered for full amount of claim; otherwise a nonsuit is to be entered. Plaintiff did not prescribe nor furnish any medicines, nor does he use any medicines, in his treatment of patients, but depends altogether upon so-called "Christian Science." Rev. St. Me. c. 13, § 9, is as follows: "No person who has not received a medical degree at a public medical institution in the United States, or a license from the Maine Medical Association, shall recover compensation for medical or surgical services, unless, prior to such service, he had obtained a certificate of good moral character from the municipal officers of the town where he then resided."

E. O. Greenleaf, for plaintiff. P. A. Sawyer, for defendant.

PER CURIAM. The plaintiff professed to practice the healing art according to the principles and methods of those calling themselves "Christian Scientists." He attended upon and treated the defendant's intestate according to those principles and methods for 10 weeks, at an agreed price of $3 per week. Previous to such service he had obtained a certificate of good moral character from the municipal officers of the town in which he then resided, as required by...