94 ESSENTIALS OF VETERINARY LAW 



favor by ''giving" him an honorarium. A sur- 

 geon was considered to be on a lower plane, 

 xlccording to the old common law therefore a sur- 

 geon could sue for fees, and be prosecuted for mal- 

 practice, but the physician was not liable for mal- 

 practice,^ nor even for manslaughter when his 

 patient died,^ as a result of his treatment. How- 

 ever, if one claimed to be a physician or surgeon 

 when he was not, and harm resulted from his 

 service, he might be prosecuted criminally for the 

 harm done, and sued for civil damages.^ "^ On the 

 supposition that his compensation was simply an 

 honorarium a physician could not bring action 

 therefor. ^^ However, the right of physicians and 

 surgeons, including veterinarians, to bring action 

 to recover for their services has generally been 

 recognized by the common law in the United 

 States.i2 



73. Illegal Practitioners. Where the law re- 

 quires registration, a physician who has failed to 

 register cannot recover for professional service 

 rondered.^^ Where the law requires physicians 

 to obtain a license, an unlicensed physician cannot 

 recover for services rendered. ^^ A promise to pay 

 one practicing illegally is void. It is a contract 

 void in its inception.^^ 



N. J. L. 60; Judah v. Me- 

 Namee, 3 Blackf. 269. 



13 Murray v. Williams, 121 

 Ga. 63, 48 S. E. 686. 



i4 0rr V. Meek, 111 Ind. 40, 

 11 N. E. 787. 



15 Puckett V. Alexander, 102 

 N. C. 95, 8 S. E. 767, 3 L. R. 

 A. 43; Coyle v. Campbell, 10 

 Ga. 570; Underwood v. Scott, 



