Rodley
Rodley v. Curry
Opinion
Lead Opinion
Haynes, J.
The complaint in this action alleged that there was due from defendants to plaintiff for medical services $390.33, and prayed judgment in that sum. The answer denied the services, and denied the value of the services to have been “$390.33, or any other sum.” The pleadings were verified. When the cause was called for trial both parties announced themselves ready. The court then stated the title of the case to the reporter. *542 ’Whereupon plaintiff’s attorney made the following statement to the court: “I understand it to be a general rule of this court to dispense with the services of a reporter when the action to be .tried cannot be appealed to the supreme court. In this action the complaint was prepared and filed upon a statement handed me by the plaintiff, showing an amount due from defendants to plaintiff of $332.50. Since the suit was commenced plaintiff has discovered errors in his account amounting to $45; that is, three charges of $15 each were erroneously entered by his clerk. This should reduce plaintiff’s demand to less than $300, and if he should receive a judgment it must be for less than $300, and of course no appeal could be taken to the supreme court. We wish to…