Legal Opinion

Wapello County v. Eikelberg

Supreme Court of Iowa

Decided October 21, 1908PublishedCited by 10 opinions

Appeal from Keokuk District Court. — -Hon. W. G. Clements, Judge. Action to recover from defendant, as husband of Anna Eikelberg, the several sums paid by the plaintiff county to the State for her care and treatment at- the hospital for the insane located at Mt. Pleasant. From judgment as prayed the defendant appeals. —

1Opinion of the CourtLadd, C. J.

— The only question raised on this appeal. is whether the husband is liable to the county for the amount paid by it to the State .for the care and treatment of his wife when confined in one of the hospitals for the insane. Such an obligation is not to be implied (County of Delaware v. McDonald, 46 Iowa, 170), and exists, if at all, by virtue of section 2297 of the Code, which reads:

The provisions herein made for the ' support of the insane at public charge shall not be construed to release the estates of such persons nor their relatives from liability for their support; and the auditors of…

2Cases cited9 opinions

  1. Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
  2. Goodale v. . LawrenceNew York Court of Appeals · 1882
  3. Heacock v. HeacockSupreme Court of Iowa · 1899
  4. Porter v. BriggsSupreme Court of Iowa · 1874
  5. County of Delaware v. McDonaldSupreme Court of Iowa · 1877

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3Cited by10 opinions

  1. Dexter v. DexterMassachusetts Supreme Judicial Court · 1933
  2. Schutte v. DouglassSupreme Court of Connecticut · 1916
  3. State v. HeupelNebraska Supreme Court · 1926
  4. Patterson v. FullerWisconsin Supreme Court · 1919
  5. Scott County v. TownsleySupreme Court of Iowa · 1916

5 more not listed; retrieve them via the Exa API.

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