Milligan, State ex rel. v. Ritter's Estate

• Decision Date: 23 February 1943
• Docket Number: 16899.
• Parties: STATE ex rel. MILLIGAN, Superintendent of Madison State Hospital v. RITTER'S ESTATE.
• Court: Indiana Appellate Court

46 N.E.2d 736

STATE ex rel. MILLIGAN, Superintendent of Madison State Hospital v. RITTER'S ESTATE.

No. 16899.

Appellate Court of Indiana, in Banc.

February 23, 1943

Appeal from Circuit Court, Owen County; Frank M. Martin Judge.

Proceeding by the State of Indiana, on the relation of James W Milligan, M. D., Superintendent of the Madison State Hospital, against the estate of Howard L. Ritter, deceased John A. Wells, administrator, to recover a claim for the care, maintenance and treatment of the deceased, at the Madison State Hospital. From an adverse judgment, the State of Indiana, on the relation of James W. Milligan, M. D. Superintendent of the Madison State Hospital, appeals.

Judgment reversed with instructions to grant a new trial.

George N. Beamer, Atty. Gen., and James P. Wason, of Indianapolis, for appellant.

Willis Hickam, of Spencer, for appellee.

CRUMPACKER Judge.

On July 9, 1940 the appellant, State of Indiana, on the relation of James W. Milligan, Superintendent of the Madison State Hospital, filed a claim against the estate of Howard L. Ritter, deceased, seeking to recover the sum of $5,583 for the care, maintenance and treatment of said decedent from March 6, 1917, to March 29, 1940. This claim was disallowed by the appellee and transferred to the trial docket of the Owen Circuit Court and, without the formality of an answer, it was submitted to a jury for trial and at the conclusion of all of the evidence given in the cause, appellant filed a written motion asking the court to direct a verdict on the claim in the sum of $1,249.29. This motion was sustained, the jury so directed and a verdict so returned. Judgment was entered accordingly. Appellant moved for a new trial which was denied. Alleged error in denying such motion is the sole question presented by this appeal.

It is undisputed that Howard L. Ritter, an insane person, was admitted to the Madison State Hospital located at North Madison, Indiana, in 1911, where he remained continuously until he died on March 29, 1940. During all of that time, a period of 29 years, he received such support, care, maintenance and medical treatment as was necessary for his comfort and well-being. He died intestate leaving a sister, Margaret Figg, and a number of nieces and nephews as his sole and only heirs at law. John A. Wells was duly appointed administrator of his estate and is now duly qualified and acting in such capacity. The estate consists of real estate and personal property appraised at $3,300.00 and $2,539.65 respectively, against which there are valid claims, exclusive of that here in dispute, aggregating $866.42. Prior to the death of Howard L. Ritter, his estate had been in the control and management of John A. Wells, as guardian under appointment by the Owen Circuit Court. The appellant made no effort to collect any sum of money claimed to be due the State of Indiana during the lifetime of the said Howard L. Ritter except that several letters, the nature and content of which does not appear, were mailed to said guardian at infrequent intervals. At the time of his death and for many years prior thereto the said Howard L. Ritter had a widowed sister who was in ill health and dependent upon her children for a livelihood. No one has paid anything to the State of Indiana for the care, support and treatment of said Ritter from the day of his admittance to the Madison State Hospital to the present time.

It is conceded that any right the appellant may have to recover in this action is purely statutory in origin, and, in order that the position of each of the parties in that regard may be clearly stated, it is necessary to review briefly the history of legislative enactment on the admission of inmates to state owned hospitals for the insane, their care and maintenance and the expense thereof. In 1881 the Legislature passed an act entitled "An Act regulating insanity inquests, and the committal of insane persons to hospitals for the insane, and their discharge therefrom." By way of preamble, this act recites "Whereas, existing laws governing the investigation of cases of alleged insanity, and the committal of insane persons to hospitals for the insane, are deficient as safeguards of personal liberty and inefficient in securing the benefits of hospital treatment to those who must require them. Therefore * * *," etc. Section 1 provides

"That all insane persons residing in the State of Indiana, and having a legal settlement in any county therein, shall be entitled to be maintained, and to receive medical treatment in the Indiana Hospital for the Insane, at the expense of the State". (Our italics.) Acts of 1881, Ch. 67, § 1, p. 545. At the time of the passage of this act there was one institution in the state for the care and treatment of the insane. Since then others have come into existence, including Madison State Hospital, and all rights, powers and duties originally conferred on and vested in the Indiana Hospital for the Insane have been continued in full force and effect in similar institutions subsequently organized. Sections 22-1113 to 22-1115, Burns' 1933, Sections 4272, 4273 Baldwin's 1934.

It will be noted that the Act of 1881, supra, deals generally with the regulation of insanity inquests, the committal of insane persons to hospitals for care and treatment and their discharge therefrom, and therefore may be characterized as a general act. In Board of Commissioners of the Montgomery County v. Ristine, Administrator, 1890, 124 Ind. 242, 24 N.E. 990, 991, 8 L.R.A. 461, Mitchell, J., speaking for the court, said of it "This statute looks to the protection of the public from those whose insanity makes them dangerous to the community. It has in it no feature of charity to the individual, nor was it enacted with a view to benevolence."

The General Assembly of 1889, c. 217, added a section known as "supplemental section 28" which reads as follows: "That the several Boards of Trustees of the several hospitals for insane of the State of Indiana shall make prompt and full inquiry as to the value of (the estate of) every patient in said several hospitals, and of every patient for whose admission thereto application may be made; and if in the judgment of such Board, said estate be competent to meet the expense of the care of said patient in hospital the fact shall be duly recorded by the said Board in the register of said hospital, and on notice received from said Board by the clerk of the county in which said patient may have a legal settlement in the Insanity Record required by law to be kept in his office, thereupon the said Board shall take action to secure the reimbursement of the State for the cost of the maintenance of said patient while in hospital, by said estate, which shall be subject to any action at law for the recovery of said cost, by said Board, on the part of the State."

In 1891, c. 17, however "supplemental section 28" above quoted was specifically repealed thus leaving the provisions of the Act of 1881, supra, in reference to the expense incurred in the care and treatment of inmates, as originally enacted. This remained the law until 1917 when the Legislature passed an Act entitled "An Act to provide for payment of cost of care in benevolent institutions from the property or estates of inmates, in certain cases." Section 1 thereof provides for recovery of expense incurred by the state when any inmate is found to have an estate not needed for the support, in whole or in part, of certain favored relatives including sisters, and that such expense shall be a charge against such inmate's estate both during his lifetime and after his death. Section 2 limits the amount of recovery to $4 per week and Section 3 declares an emergency for immediate taking effect of the act. There is no repealing clause. Acts 1917, Ch. 72, p. 176, Burns' Ann.St. §§ 22-401, 22-403, Baldwin's 1934 §§ 4572, 4574, Sections 4111-4122 Burns' 1926.

The Act of 1917, supra, was amended in 1925 to permit recovery "at the rate of not to exceed five dollars ($5.00) per week," to be collected and paid into the state treasury quarterly. Acts 1925, Ch. 9, p. 19. Thus the Act of 1917, supra, as amended in 1925, remained the law until 1927, when a general law was passed purporting to deal with the whole subject of hospitals for insane in Indiana, the committal of insane persons thereto, their care while inmates, and their eventual discharge. Section 39 thereof purports to repeal all laws or parts of laws in conflict therewith. Acts 1927, Ch. 69, p. 179, § 22-1201 et seq., Burns' 1933, § 4293 et seq., Baldwin's 1934. By reason of the fact that some point is made by appellant of its similarity in purpose and content to the Act of 1881, supra, we quote its title and the first section thereof:

"An Act concerning insanity inquests, the procedure in adjudging persons insane, the commitment of insane persons to hospitals for insane, their care pending admission, their discharge therefrom, the apprehension and return of insane patients and prohibiting the kidnapping or aiding the escape of insane persons.

"Section 1. Be it enacted by the general assembly of the State of Indiana, That any insane person residing in the State of Indiana and having a legal settlement in any county therein shall be entitled to be maintained and to receive medical treatment in the hospital for insane of the hospital district in which such insane person resides, at the expense of the state, subject to the restrictions and limitations hereinafter prescribed in this act."

It will be noted that all provisions for recovery by the state of the cost of keeping and treating an inmate are omitted from this act and all laws in conflict are repealed. However, in 1929 the Legislature restored the provisions of Section...