Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-03-20
SUPREME COURT.
Appeal from Yer
million.


IN the circuit court of Vermiion county.
against the plaintiff in error, and dcclsred
in assumpsit. The declaration contains
three counts. The first, alleges that the
defendant, being physician a. d surgeon,
and exercising such profession, entered in
to IA contract with the commissioners of
said county, to employ his skill and art, in
such profession, upon the body Of one Lud-
dingion- who. then and there. was treated
and considered IN the county BY such COM
missioners, as pauper, and was afflicted
with various diseases with condition
thereunto| annexed, that, unless the said
Ipauper,Was benefited and relieved nv his
the defendants, skill and medical aid. he
was to receive 40 compensation; but if he
gas so benefited and relieved, the defend
{ant was to receive valuable compensa,ioc.
There Is an averrment that such skill and
medical aid was exercised and rendered :,
that the pauper was greatly relieved and
benefited thereby, and that the defendant
reasonably deserved to have, for such SER
vices, the sum of three hundred dollars.
The second count AYERS, that the said
defendant was employed by the county,
Through its commissioners, to render his
skill and attendance on the said pauper, so
considered and treated as such, BY such
commissioners, who was afflicted with dis.
ease; and that in consideration thereof, the
sand county became indebted to the said
defendant in the sum of one hundred and
eighty dollars, which it undertook and pro-
missed to paj
The third count is quGntum mcr;.it, for
The like services rendered.
10 these counts, the plaintiff in error, in
the court below, pleaded, first, the general
issue; and secondly, a speciar plea of exclu-
sive original jurisdiction in the county
commissioners court, OF Vermilion county
70 hear and determine what compensation
the said defendant was entitled to, for such
services by way Of bar to the action.
10 the second plea, there was a demur>
rer and joinder. The circuit court sus.
TUNED the demurrer to the second plea and
the issue on the first was tried, and YER
dict found for the plaintiff. Onthe trial of
The cause, the plaintiff offered p0rol evil
dence of the special contract entered into
by the county commissioners court Oliver
million county, the records of that term of
court, at which the contract was alleged to
nave been made, not shelving any contract
between the plaintiff and defendant. To
the admission of this evidence, the couo-
sci for the defendant objected, on the
ground that the records of the county com
ms RS court, or some writing duly anthem
heated, was the only admissible evidence
TO establish the contract to bind the coup
ly. The circuit court overruled the oh
ectlon, and permitted the evidence to 90
70 the jury; and, also, instructed the Jury.
! me county commissioners, acting as |
so"rt, did make the contract sued on, the
county was bound, though the same did not
appear on the record, or in any other writ
ing under the sea! Of the court; it further
appears, IN the bill of exceptions, that the
Witnesses, who proved the contract, were
ne commissioners who were in Office. al
ne time the contract was made, but we've
hen lat the time of triai) out of Office: tol,
men instruction the defendant also ex-
'ep'ed. The errors assigned are,
l. That there is misjoinder of counts
.. That the plaintiff should have aver.
I'd specially in his declaration all those
acts necessary to shew that the person who
eceiVed that medical aid, was pauper; ;
'nd that the county had become legally :
with his support.
u. mat the demurrer to the second plea /;
vas improperly overruled. IL,
4. That the circuit court erred in adj /,
hitting pdrol evidence of the acts of the =
commissioners court. :
D. That the circuit court erroneously !,
instructed the jury that, if the commission :,
rs, acting as a court did mako thu CON | =