34 Iowa 309 | Iowa | 1872
“ The trustees in each township, in counties where there is no poor-house, have the oversight and care of all poor persons in their township, so long as they remain a county charge, and shall see that they are properly relieved and taken care of. The poor must make application for relief*312 to the trustees of the township where they may be, and if the trustees are satisfied that the applicant is in such a state of want as requires relief at the public expense, they may, for the time being, afford such relief as the necessities of the person may require, and shall report the case forthwith to the judge (now board of supervisors, see Rev., § 312, subd. 21), who is authorized to deny further relief to such person if he find cause. All claims and bills for the care and support of the pool’, shall be certified to be correct by the proper trustees, and presented to the judge (board of supervisors), and if he is satisfied that they are reasonable and proper, they are to be paid out of the county treasury.”
As we have no doubt that'a party, upon the refusal of the board. of supervisors to allow an ordinary claim, may sue the county, and is not obliged to appeal from the action of the board, and as we cannot distinguish this from an ordinary claim, we hold that the present action is properly
II. Next it is claimed that there is a want of evidence to sustain the judgment. That there is no proof that any of the articles were furnished for the poor; that they were reasonable or proper; that they were procured by the township trustees; that they were duly certified to be correct, etc. Upon the second bill the court found for plaintiff $9, just the sum which the board of supervisors allowed. Certainly the defendant cannot complain of this action. The financial agents of the county having examined the claim, and allowed the same to the extent found by the court, the defendant should be held now' • estopped from denying its liability to that extent, especially as the court required the plaintiff to pay the costs of appeal applicable to that portion of the bill. The items of the first hill are all set out as an exhibit to the petition. The township trustees certify that this bill is correct, and was furnished at their instance. The plaintiff makes affidavit of the correctness of the claim, and that the articles were furnished as set forth. It is agreed by the parties that the charges are reasonable. There was no opposing evidence.
In this state of the record the judgment of the court is clearly right.
Affirmed.