Simons v. Van Benthuysen
Michigan Supreme Court
Error to Calhoun; Smith, J. Assumpsit by William S. Simons, James K. O’Hara, and Augustus O. Hyde, superintendents of the poor for Calhoun county, against Merilla Van Benthuysen, an insane person, to recover moneys paid for her maintenance in an asylum as a county charge. From a judgment for defendant, plaintiffs bring error. This case was tried before the court without a jury, and the following finding was made: “Facts.
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Error to Calhoun; Smith, J. Assumpsit by William S. Simons, James K. O’Hara, and Augustus O. Hyde, superintendents of the poor for Calhoun county, against Merilla Van Benthuysen, an insane person, to recover moneys paid for her maintenance in an asylum as a county charge. From a judgment for defendant, plaintiffs bring error. This case was tried before the court without a jury, and the following finding was made: “Facts. “1. The defendant, Merilla Van Benthuysen, is an insane person, committed to the asylum for the insane, Kalamazoo, Michigan, by an order of the judge of probate for Calhoun…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The sole question presented is whether the superintendents of the poor can maintain a suit at law in the circuit court to recover the amount paid by the county for the support of indigent insane persons, or whether the probate coui’t has exclusive jurisdiction over such claims. We find no decision deciding the question. That plaintiffs might have presented a claim in the probate court is conceded. This was the course pursued in State v. Dunbar, 99 Mich. 99. Plaintiffs insist that the circuit court, being a court of general jurisdiction, has cognizance of such…
2Cases cited1 opinion
- State v. Estate of DunbarMichigan Supreme Court · 1894
3Cited by4 opinions
- In Re Estate of YturburruCalifornia Supreme Court · 1901
- Nolan v. GarrisonMichigan Supreme Court · 1909
- In Re Dzwonkiewicz's EstateMichigan Supreme Court · 1925
- State v. Alexander Ikey's EstateSupreme Court of Vermont · 1911