Montgomery County v. Gupton
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Any money expended by a county under the provisions of section 484 in the support of a county or pauper patient in the insane asylum creates no relation of debtor and creditor. It is an expenditure of public money for the advantage of the insane person, perhaps, in some respects, but also for -the advantage of the community and for the protection of the community.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Any money expended by a county under the provisions of section 484 in the support of a county or pauper patient in the insane asylum creates no relation of debtor and creditor. It is an expenditure of public money for the advantage of the insane person, perhaps, in some respects, but also for -the advantage of the community and for the protection of the community. So far as the patient receives the bexlefit it is a public gratuity, an expenditure made out of the public funds for her benefit, to which she is entitled as a…
1Opinion of the Court
DIVISION ONE.
Brace, J.
This action is upon a demand presented for allowance in the probate court of Montgomery county in favor of the county against the estate of Ellen Collins, deceased, for the sum of $1,826.35 for that amount of money paid by the county to the State lunatic asylum, at Pulton, for the support of the said Collins at the asylum, from the fifth of March, 1880, to the twenty-fifth of August, 1893, to which she had been sent as a county patient.
The demand was allowed in the probate court for the sum of $607.30, and an appeal taken by the administrator to the circuit court where,…
2Cases cited3 opinions
- City of Albany v. . McNamaraNew York Court of Appeals · 1889
- Knox v. HookMassachusetts Supreme Judicial Court · 1815
- Town of Benson v. HitchcockSupreme Court of Vermont · 1865
3Cited by10 opinions
- County of Alameda v. JanssenCalifornia Supreme Court · 1940
- County of Los Angeles v. Security First National BankCalifornia Court of Appeal · 1948
- Kaiser v. StateSupreme Court of Kansas · 1909
- City of St. Louis v. HollrahSupreme Court of Missouri · 1903
- Baker v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1912
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