Board of Directors of Mason County Infirmary v. Committee
Board of Directors of Mason County Infirmary v. Committee
Opinion of the Court
Opinion of the court by
Affirming.
By an act of tbe Legislature approved on the 4th of February, 1874, Mason county was authorized to purchase ground, and erect thereon a county poorhouse infirmary. Section 21 of the act provides that: “Where persons are admitted into said counity infirmary as paupers, and such persons be possessed of or the owners of real or personal property, or having an interest in same in reversion, or in any other manner, legally entitled to any gift, legacy, or bequest, of whatever nature or kind soever, the directors may, as soon after such persons are admitted to said infirmary as they may think proper, take possession of all or any such property, or other interest such pauper may lawfully be entitled to, and sell or dispose of same as 'hereinafter provided; and the net proceeds arising
On the 19th day of February, 1893, Dina Smith, an indigent pauper, was received as an inmate of the institution, and remained there until January, 1898, receiving-such board, nursing, and medical attention as t'he institution afforded to its pauper patients. In January, 1898, she became a United States pensioner, and received in back pay, $670, and a further allowance of $8 per month,, which was to continue during her lifetime. In a proceeding in the Mason county court, she was, on the 23th day of January, 1898, found to be a person of unsound mind by reason of infirmity and weight of age,, and incompetent to manage her estate, and C. B. Pierce, Jr., was appointed her committee. Thereafter the board of directors of the county poorhous-e instituted this suit, in which they sought to recover a judgment against the-committee for $304, being the amount alleged to- be due by Dina Smith for board and medical attention during the time she was an inmate of the institution. A general demurrer was interposed by her committee, which was sustained, and- the petition dismissed, and the case is now here for review. It is insisted for appellant that; under section 21 of the charter, it is entitled to maintain this action, and that the petition states a good cause of action; that the powers conferred upon the directors of the Mason county infirmary by section 21 are analogous to the powers conferred upon the board of commissioners of insane asylums by section 257 of the Kentucky Statutes, Which provides that where patients who have been or
Case-law data current through December 31, 2025. Source: CourtListener bulk data.