Ackley

Action for services as physician rendered by plaintiff’s assignor, Dr. Daywalt, to the wife of defendant, at the city and county of San Francisco, from February 1, 1892, to April 1, 1894, when the patient died. Plaintiff’s counsel *410 in his brief states the case as follows: “The wife’s sickness was of a malignant character; and the physician’s attendance and treatment was part of the time daily, and part of the time weekly or monthly, according as the disease advanced, or according to the wife’s presence in or absence from San Francisco. The cause was tried by the court without a jury—the contention being, on the part of plaintiff, that the sickness treated was continuous and the same sickness throughout the whole time, and that the statute of outlawry only began to run from the termination of the service; that the last item in the account drew after it, or took in all the preceding items because a part of the same transaction.” Defendant denied the indebtedness and pleaded the statute of limitation, and his contention was that each day’s service was a separate cause of action, and the statute ran from each day, as the service was rendered. The court gave judgment for five days’…