Cooledge v. Mahaska County
Supreme Court of Iowa
Appeal from Mahaska District Court. Paupers: liability or county: power or township TRUSTEES : DELEGATION OR POWER BY SUPERVISORS TO CLERK, etc. — Plaintiff is a physician. As such, he rendered services to certain poor sick persons at the request- of two of the trustees of the proper township. Bev. §§ 1387, 1388. There is no poor-house in the county.
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Appeal from Mahaska District Court. Paupers: liability or county: power or township TRUSTEES : DELEGATION OR POWER BY SUPERVISORS TO CLERK, etc. — Plaintiff is a physician. As such, he rendered services to certain poor sick persons at the request- of two of the trustees of the proper township. Bev. §§ 1387, 1388. There is no poor-house in the county. The services were rendered between February 20 and April 21, 1866. The persons attended by the plaintiff were poor, sick with small-pox and confined in the pest-house (so called). There was no session of the board of supervisors during the time…
1Opinion of the Court
Dillon, Ch. J.
1. poob, suplia‘ county. A few propositions of law will show th® error into which the District Court fell in disallowing, for the reasons stated, the greater part of the plaintiff’s claim. I. We admit the proposition that the obligation -or duty of the county to support the poor is statutory, and that, to render it liable, the case must fall within, and the liability be created pursuant to, and in the manner prescribed by, the statute. Mitchell v. Cornville, 12 Mass. 333; Miller v. Somerset, 14 id. 396; Kellogg v. St. George, 28 Maine, 255; Ives v. Wallingford, 8 Verm. 224, 228.
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2Cases cited2 opinions
- Ives v. WallingfordSupreme Court of Vermont · 1836
- State v. KimballSupreme Court of Iowa · 1867
3Cited by7 opinions
- Wood v. Boone CountySupreme Court of Iowa · 1911
- Hamlin County v. Clark CountySouth Dakota Supreme Court · 1890
- In Re Estate of FrentressSupreme Court of Iowa · 1958
- Mansfield v. Sac CountySupreme Court of Iowa · 1882
- Armstrong v. Tama CountySupreme Court of Iowa · 1872
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