Evans

The complaintalleges that the plaintiff is a regularly licensed physician and surgeon and, at the times mentioned in the complaint, was engaged in the practice of his profession in the county of Stanislaus.

The defendants are husband and wife, and the complaint avers that they “are indebted to the plaintiff in the sum of four hundred and ninety-three dollars, the said sum being a balance due plaintiff on an open book account for services rendered by plaintiff to defendants, at their special instance and request, in the capacity of physician and surgeon within the four years immediately preceding the commencement of this action.” Judgment is asked for said amount.

The defendants filed separate answers, each denying specifically the allegations of the complaint. In addition thereto, the defendant, Helen E. Noonan, denies that she at any time ever employed the plaintiff in the capacity of a physician or surgeon or requested him to perform any of the services referred tó in the complaint or agreed or promised to pay said plaintiff for any of the services mentioned in the complaint. The defendant, M. H. Noonan, as a special defense, alleges that “within the last four years he has…