Bremer County v. Buchanan County
| Decision Date | 03 October 1883 |
| Citation | 16 N.W. 720,61 Iowa 624 |
| Parties | BREMER COUNTY v. BUCHANAN COUNTY |
| Court | Iowa Supreme Court |
Appeal from Black Hawk Circuit Court.
THIS is an action for reimbursement for aid furnished by the plaintiff to certain paupers at a time when they had a legal settlement in the county of Buchanan, as it is alleged. There was a demurrer to the petition, which was sustained, and plaintiff appeals.
REVERSED.
Gibson & Dawson, for appellant.
Woodward & Cook, for appellee.
It is averred in the petition that at the time the aid was furnished to the paupers they had a legal settlement in Buchanan county, and that they had not acquired a settlement in Bremer county. On the thirteenth of January, 1879, the paupers, being then temporarily in Dayton township, Bremer county, made a verbal application to the township trustees of that township for relief, and the trustees, being satisfied that the applicants were in such a state of want as to require relief at public expense, at a meeting then held (no record of which has been kept, and at which the township clerk was not required to be present), ordered relief to be furnished by giving orders to furnish sad paupers with goods.
The following is a copy of one of said orders:
Two other orders, in substantially the same form, were issued on the twenty-second of February, 1879.
The goods were furnished to the paupers as ordered, and at the April session, 1879, of the board of supervisors, the parties who furnished the goods presented verified bills for the same, to which was attached the written orders of the township trustees, and the supervisors, being satisfied that the said bills were reasonable and proper, ordered the same to be paid, and they were paid.
At the same session of the board of supervisors, an order was duly made and entered of record that the auditor issue a warrant on the poor fund to Casper Primus monthly, at the rate of $ 2 per week from March 6, 1879, until further orders. Under this and the said order of the township trustees, aid was furnished to the paupers to the amount of $ 213, and a bill thereof was presented to Bremer county by the board of supervisors of Buchanan county for reimbursement of said amount, and payment thereof was refused.
On the seventeenth of January, 1879, the auditor of Bremer county served a notice in writing upon the auditor of Buchanan county, stating that said paupers had applied for and were then receiving aid from Bremer county, and that measures should be taken for their removal to Buchanan county, and that the latter county would be held liable for all aid furnished to them. No order of the board of supervisors was entered of record directing such notice to be given, but the auditor was verbally ordered by the board while in session to serve the notice.
On the eleventh day of January, 1879, two of the trustees of said Dayton township made, signed and served a notice on the paupers that they were not residents Bremer county, and warning them to return to the place of their legal settlement, or Bremer county would not be responsible for their support. This last notice was also prepared and served without any formal order having been entered by the clerk of the township.
The grounds of the demurrer are that no action can be maintained because no record was made by the township clerk of the orders of the township trustees authorizing...
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