State Hosp. v. Fountain

• Decision Date: 01 October 1901
• Court: North Carolina Supreme Court
• Parties: STATE HOSPITAL . v. FOUNTAIN.

39 S.E. 734

129 N.C. 90

STATE HOSPITAL .

v.FOUNTAIN.

Supreme Court of North Carolina.

Oct. 1, 1901.

INSANE PERSONS—INDIGENT—STATE HOSPITAL —COMPENSATION—RES JUDICATA— LIMITATIONS OF ACTIONS.

1. Under Code 1883, § 2278, providing that other than indigent insane persons may be admitted to the state hospital on payment of proper compensation, a recovery could be had by the state hospital of compensation for the maintenance of a wealthy patient, though the superintendent of the hospital informed the patient's guardian that no charge would be made.

2. Where an issue has been passed on by the supreme court on a former appeal, the same question will not be considered on a subsequent appeal.

3. Under Code 1900, § 136, providing that on the trial of any action or special proceeding to which an insane person has been made a party such insane person shall have the benefit of any defense that might have been made for him by his guardian or attorney under sections 136-176, whether pleaded or not, and section 159, prescribing that the limitation of actions shall apply to civil actions brought in the name of the state in the same manner as to actions of private parties, it was error to allow a recovery of compensation by the state hospital for the maintenance of an insane person for more than three years preceding the bringing of the action.

Appeal from superior court, Edgecombe county; McNeill, Judge.

Action by the State Hospital against G. M. T. Fountain, guardian of Nancy L. Hargrove, an insane patient. From a judgment in favor of plaintiff, defendant appeals. Reversed.

G. M. T. Fountain, in pro per.

Shepherd & Shepherd, for appellee.

COOK, J. This action was before us at spring term, 1901, as appears in 128 N. C. 23 38 S. E. 34, wherein the court only passed upon the question of liability of defendant's ward, as it was agreed that the reasonable expenses of maintaining and treating her were $200 per year, leaving the computation of time for which she was liable to be adjusted in the court, below; and when it was again heard in the superior court of Edgecombe county his honor, upon motion of plaintiff, rendered judgment against defendant for the sum of $2,191.50, being the full amount claimed against defendant's ward from the time she first became a patient in plaintiff hospital to the time of the hearing, excepting two intervals during which she was discharged, —to which judgment defendant excepted and appealed. The case on appeal shows that defendant's ward, Mrs. Nancy L. Hargrove, was an inmate of the hospital from November 21, 1887. till the institution of this action, and still is (excepting from September 15, 1892, to January 31, 1895, and from February 8 till June 8, 1895); that at the time of her admission she was the wife of Gray L. Hargrove, a citizen worth at least $35,000, who died in 1894; that up to the time of her husband's death said Nancy had no estate of her own, but from his estate received as distributee $2,255.60 of personalty, and was endowed of 202...