Central Kentucky Asylum v. Penick
Court of Appeals of Kentucky
Case 87 — PETITION ORDINARY APPEAL FROM GREEN CIRCUIT COURT. 1. Every fact necessary to recover under the statute) has been carefully alleged and the language of the statute strictly followed.
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Case 87 — PETITION ORDINARY APPEAL FROM GREEN CIRCUIT COURT. 1. Every fact necessary to recover under the statute) has been carefully alleged and the language of the statute strictly followed. Where a right of action grows out of a statutory enactment it is sufficient in a suit thereon to follow the language of the statute. 2. The question as to whether the action should have been brought in equity could not be raised by the demurrer; a demurrer will not, be sustained if the petition states a cause of action in any form. Hill v. Barrett, 14 B. M., 67; Poster v. Watson, 16 B. M., 387; Robinson…
1Opinion of the Court
JUDGE HAZEHRIGG
delivered the opinion op the court.
Tbe statute providing for the collection of board for the keep of patients committed to insane asylums reads as follows:
“When patients, who have been or may be supported in either of said asylums, have or shall acquire estate which) can be subjected to debt, the board of commissioners of such *535asylum, when reliably informed of the fact, is authorized and directed, in every such case,* to sue for, in the name of the asylum, and recover the amount of such patient’s board, at the rate of $200 per year, or so much thereof as such estate will…
2Cases cited1 opinion
- Nichols v. SennittCourt of Appeals of Kentucky · 1880
3Cited by5 opinions
- Holburn v. Pfanmiller's Admr.Court of Appeals of Kentucky · 1903
- Schroer v. Central Kentucky Asylum for the InsaneCourt of Appeals of Kentucky · 1902
- Marshall v. TullyCourt of Appeals of Kentucky · 1921
- Rhymer v. Federal Life Ins.District Court, E.D. Kentucky · 1936
- Eastern State Hospital v. LyttletonCourt of Appeals of Kentucky · 1917