Legal Opinion

State ex rel. Dorothea Dix Hospital v. Davis

Court of Appeals of North Carolina

Decided November 19, 1975No. 7510SC425Published

1Opinion of the Court

ARNOLD, Judge.

Plaintiff’s appeal presents two questions for this Court to decide. First, does G.S. Chapter 143, Article 7 apply to persons committed as criminally ill (pursuant to G.S. Chapter 122, Article 11), and second, if the statute is applicable, is it constitutional. We answer both questions affirmatively.

Since there is no statutory authority specifically directing patients under criminal commitment to pay for their hospitalization it is defendant’s position that he is not required to pay. He correctly points out that there is no reference in G.S. Chapter 122, Article 11 to payment by…

2Cases cited6 opinions

  1. Carolina-Virginia Coastal Highway v. Coastal Turnpike AuthoritySupreme Court of North Carolina · 1953
  2. Foster v. North Carolina Medical Care CommissionSupreme Court of North Carolina · 1973
  3. Graham v. Reserve Life Insurance CompanySupreme Court of North Carolina · 1968
  4. In Re TewSupreme Court of North Carolina · 1972
  5. State Ex Rel. State State Hospital at Raleigh v. Security National BankSupreme Court of North Carolina · 1935

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