Superintendents of Poor of Washtenaw County v. Rabbitt

• Decision Date: 12 February 1894
• Court: Michigan Supreme Court
• Parties: SUPERINTENDENTS OF THE POOR OF WASHTENAW COUNTY v. RABBITT.

57 N.W. 1084

99 Mich. 60

SUPERINTENDENTS OF THE POOR OF WASHTENAW COUNTY v. RABBITT.

Supreme Court of Michigan

February 12, 1894

Error to circuit court, Washtenaw county; Edward D. Kinne, Judge.

Action by the superintendents of the poor of Washtenaw county against Mary Rabbitt for money laid out and expended. Judgment for plaintiffs. Defendant appeals. Affirmed.

Dennis Shields, for appellant.

Lehman Bros. & Cavanaugh, for appellees.

MONTGOMERY J.

This action was brought to recover the amount of moneys expended for the county of Washtenaw for the support of defendant's indigent son, Joseph Rabbitt. The action is based upon sections 28 and 31 of Act No. 135 of the Laws of 1885. Plaintiff recovered, and defendant brings error. What purports to be testimony in the case is presented with the record, but there is no bill of exceptions, and no exceptions appear to have been filed to the findings of fact, nor does it appear that we have all the testimony before us. The only question which we can consider, therefore, is whether the findings support the judgment. The error assigned, based upon the allegation that the court erred in holding certain facts sufficiently proven, we pass over, as not properly raised not wishing to imply, however, that there is merit in the points presented, but, as there are no exceptions to the special findings, the questions are not open to consideration. Act No. 135 contained the following provisions: "The expenses of clothing and maintaining in an asylum any indigent or pauper patient who has been received upon the order of any court or officer, shall be paid by the county from which he was sent to the asylum except those provided for as state patients in section twenty-nine. The treasurer of said county is authorized and directed to pay to the treasurer of the asylum the bills for such clothing and maintenance, as they shall become due and payable, according to the by-laws of the asylum, upon the order of the steward; * * * said county however, shall have the right by an action to be brought by the superintendents of the poor to require any individual town, city or county that is legally liable for the support of such patient, to reimburse the said county for the amount of said bills with interest from the day of paying the same." Section 29 provides that "the rate of charge per week to be paid for the board and necessary treatment of all patients of the asylum who are residents of this state shall be annually fixed by the trustees of the several asylums in joint session, and shall not exceed the actual cost of support and attendance, exclusive of officer's salaries." The findings show that Joseph Rabbitt was committed to the asylum at Pontiac by the order of the probate court; that payments were made by the county for his support at the asylum, aggregating $503.83; that the payments were made...