City of St. Louis v. Hollrah

• Decision Date: 27 May 1903
• Parties: CITY OF ST. LOUIS v. HOLLRAH et al.
• Court: Missouri Supreme Court

74 S.W. 996

175 Mo. 79

CITY OF ST. LOUIS v. HOLLRAH et al.

Supreme Court of Missouri, Division No. 1.

May 27, 1903.

INSANE PERSON — SUPPORT BY CITY — CLAIM AGAINST ESTATE — JURISDICTION OF CIRCUIT COURT — STATUS AS PAUPER — MATTER OF DEFENSE.

1. Laws 1899, p. 227, amending Rev. St. 1889, c. 86, provides (section 1) that demands against the estate of an insane person shall be

presented to probate court, notice being served on the guardian, from which time the demand shall be considered exhibited, and demands not thus exhibited and presented for allowance within two years from the publication of the notice of the guardian's appointment shall be barred. Section 2 provides for the pro rata distribution of insufficient assets, and section 2a provides for the publication of notice of the granting of letters of guardianship, and request that persons having claims present them within the time limited. Section 3 repeals inconsistent statutes. Held, that the act did not divest the circuit court of its common-law jurisdiction of an action against the estate of an insane person for necessaries furnished him.

2. The fact that necessaries were furnished by a city to an insane person as an insane pauper is a matter of defense to be pleaded by his guardian when his estate is sued therefor by the city.

Appeal from St. Louis Circuit Court; Franklin Ferriss, Judge.

Action by the city of St. Louis against Mary Hollrah and another. From a judgment for plaintiff, defendants appeal. Affirmed.

Henderson & Gentry, for appellants. Chas. W. Bates and Alex. Nicholson, for respondent.

BRACE, P. J.

This is an appeal by the defendants from a judgment of the St. Louis circuit court in favor of the plaintiff for the sum of $1,204.68. The petition, omitting caption, is as follows: "Plaintiff states that it is a municipal corporation, duly organized, created, and existing under and by virtue of the laws of the state of Missouri, and the defendant Mary Hollrah is, and during all of the times hereinafter stated was, a person of unsound mind, and the defendant William C. Richardson is, and since January 1, 1894, has been, the duly elected, qualified, and acting public administrator of the city of St. Louis, and as such is the guardian of the person and estate of said Mary Hollrah, and has her estate in his custody and charge. And plaintiff further states that from and after the 23d day of February, 1893, until the 16th day of January, 1894, it furnished to defendant Mary Hollrah board, lodging, nursing, medical attendance, and treatment at its insane asylum, all of which things were absolutely necessary and required by said Mary Hollrah, and which were not furnished to her by any other person or persons, and were absolutely needed and necessary for her maintenance, support, and care, and that plaintiff furnished similar necessaries under similar circumstances and conditions to said defendant Mary Hollrah at its poorhouse, wherein is maintained a branch of its insane asylum, from and after the 16th day of January, 1894, to and including August 31, 1899, which said board, lodging, nursing, medical attendance, and treatment were reasonably worth the sum of $15 monthly, or a total of $1,173.59, for which the said defendant Mary Hollrah is now indebted and liable to plaintiff. That plaintiff has demanded payment of said sum, but that payment thereof, or any part thereof, has been refused, wherefore it prays judgment against defendant Mary Hollrah for the sum of $1,173.59, together with interest thereon and costs." To the petition the defendant guardian filed demurrer as follows: "Now comes the above-named defendant, Wm. C. Richardson, public administrator and ex officio public guardian and curator of the city of St. Louis, and as such in charge of the person and estate of Mary Hollrah, as her guardian, and demurs to the petition of plaintiff herein for the reason that this court has no jurisdiction of the subject of this action, and jurisdiction in such cases being confined exclusively to the probate court by Laws 1899, p. 227, amending chapter 86, Rev. St. 1889, by inserting section 5529a." The demurrer was overruled, and thereupon he filed an answer denying the allegation of the petition. The case was tried by the court without a jury. Finding and judgment for the plaintiff. Judgment ordered certified to the probate court; and, after unsuccessful motions for new trial and in arrest of judgment, the guardian took an appeal to the St. Louis Court of Appeals, from which the case was transferred to this court, to which the appeal should have been taken.

Two grounds are urged for the reversal of the judgment: "First, that the circuit court did not have jurisdiction of the action; and, second, that the petition did not state facts sufficient to constitute a cause of action."

1. This is a common-law action for the value of necessaries furnished an insane person, of which it is conceded that the circuit court had jurisdiction, unless it was divested of such jurisdiction by the provisions of an act of the General Assembly entitled "An act to amend chapter 86 of the Revised Statutes of the State of Missouri, 1889, entitled `Insane Persons,' by adding three new sections to be known as sections 5529a and 5529b, and section 5529c," approv...