County of Delaware v. McDonald
Supreme Court of Iowa
Appeal from Delaware Circuit Court. ' The defendant’s wife, Ann McDonald, was adjudged by tlie commissioners of insanity to be insane and was ordered to be sent to the hospital for the insane at Mount Pleasant, and was afterward removed to the hospital for the insane at Independence. The expenses attending her treatment have been paid by the plaintiff, to-wit: for the quarter ending June 30th, 1874, and two subsequent quarters.
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Appeal from Delaware Circuit Court. ' The defendant’s wife, Ann McDonald, was adjudged by tlie commissioners of insanity to be insane and was ordered to be sent to the hospital for the insane at Mount Pleasant, and was afterward removed to the hospital for the insane at Independence. The expenses attending her treatment have been paid by the plaintiff, to-wit: for the quarter ending June 30th, 1874, and two subsequent quarters. This action is brought to recover the amount so paid of the defendant. Judgment for.the defendant. Plaintiff appeals.
1Opinion of the CourtAdams, J.
l. husband and wife: support of insane wife: liability for. Under the Code, Sec. 1433, the defendant was clearly liable. It is there expressly provided that “ the auditors of the several counties . * * * are . „ „ authorized and empowered to collect from w '-5' ,, r, , ,. , , any person legally bound for their support (the support of insane patients) any sums paid by the county in their behalf.” The husband is legally bound for the support of his wife, and under the provision he was liable for the expenses paid by the county in her treatment as an insane patient. But said section has been…
2Cited by22 opinions
- Guthrie County v. ConradSupreme Court of Iowa · 1907
- Kaiser v. StateSupreme Court of Kansas · 1909
- Baldwin v. Douglas CountyNebraska Supreme Court · 1893
- Jones County v. NortonSupreme Court of Iowa · 1894
- Richardson v. StuesserWisconsin Supreme Court · 1905
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