McClenahan

This case is based upon a claim of $1,821 for professional services rendered by plaintiff as an alienist by reason of a serious mental disorder suffered by Miss Frances Howard, a daughter of the decedent, Anna Dwight Howard.

The claim consists in part of a charge for medical treatment and observation of Miss Howard, beginning on January 8, 1915, and in part of a charge for attendance as an expert witness in certain contested proceedings instituted with a view to having Miss Howard declared incompetent and her person and estate placed under the care of a guardian. These proceedings were dismissed without prejudice in October, 1915. In the following January, however, a new proceeding was instituted, which was uncontested, and which, without testimony from plaintiff, resulted in the appointment of a guardian.

Thereafter plaintiff brought suit against Miss Howard to recover for the same services for which claim is made here. In that action plaintiff recovered judgment for only $45, and on his appeal the judgment was affirmed on the ground that, with the exception of attendance when Miss Howard was unconscious and in need of medical aid, the services of plaintiff could not be held to…