Sheldon B. Gates, Appellant v. John R. Preston, Respondent

Summary

The Court held that a judgment obtained in a Justice's Court for the value of a surgeon's services, even when based on a confession or default, constitutes a complete bar to any subsequent malpractice action by the same plaintiff concerning the same services. The bar applies notwithstanding that the judgment was rendered after the malpractice suit was commenced and was asserted via a supplemental answer, so the plaintiff's demurrer was properly overruled and the lower court's judgment affirmed.