County of Clay v. County of Palo Alto
Decision Date | 25 May 1891 |
Citation | 48 N.W. 1053,82 Iowa 626 |
Parties | THE COUNTY OF CLAY, Appellee, v. THE COUNTY OF PALO ALTO, Appellant |
Court | Iowa Supreme Court |
Appeal from Kossuth District Court.--HON. GEORGE H. CARR, Judge.
ACTION to recover for medical services, care and supplies furnished one John Finn, a poor person, whose alleged settlement is in the defendant county. The following stipulation of facts was filed in the case:
The plaintiff (by agreement of parties to thus present the question) moved to strike from the stipulation the italicized part, on the ground that it was immaterial; and the court sustained the motion. Upon the remaining facts, with others undisputed, the court instructed the jury that the legal settlement of John Finn was in the defendant county. The case on other issues was tried to a jury, that returned a verdict for the plaintiff, and from a judgment thereon the defendant appeals.
Affirmed.
Thomas O'Conner and Clark & Call, for appellant.
A. C. Parker, for appellee.
I. The action of the court in striking from the stipulation, and holding that the settlement of Finn was in the defendant county, presents the first question for us to determine. The appellant's contention in this respect is that the facts stricken from the stipulation show John Finn had been emancipated from his father, and, being emancipated, it was competent for him to make or create a new settlement in another county. Some provisions of our Code are important in this connection. Chapter 1 of title 11 treats "of the settlement and support of the poor." Section 1352 is a part of chapter 1 and provides: Other subdivisions of the section provide for the settlement of married women with their husbands, and those abandoned by them, of illegitimate minors, of minors whose parents have no settlement, and of minors bound as apprentices and servants; but there is no provision for minors who are emancipated, except that the settlement of legitimate minor children follow that of their father. It thus appears that no person can obtain a settlement under the poor laws of the state (with the exceptions stated) unless he has attained his majority. While a minor, emancipated, may have some additional rights or privileges, he does not from that fact alone attain his majority. Code, section 2237, provides: "The period of minority extends in males to the age of twenty-one years, and in females to that of eighteen years; but all minors attain their majority by marriage." Authorities are cited to the effect that "when children lose the settlement...
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