32 Ala. 703 | Ala. | 1858
The first section of the act to provide for the indigent sick in Autauga and certain other counties, approved Feb. 10, 1852, (Pamph. Acts of 1851-2, pp. 429, 480,) provides, that when any person is sick in the counties of Autauga or Coosa, and in such destitute condition as to demand public charity and prompt attention, such person, during sickness, shall be a public charge on the county. The third section provides, that in the event of sickness, as contemplated in the first section, “the commissioners of revenue and roads in the county where such sickness * * occurs must order the county treasurer to pay reasonable expenses for such sickness * * to the party incurring the same, upon presentation of the account, verified by the affidavit of any responsible witness not- directly interested therein.”
There is no other pi’ovision in the act as to the remedy for persons claiming under it. But the appellant contends, that the third section, which is above substantially set forth, so far as it relates to this case, provides a remedy for the right given by the act, and that persons claiming under the act are confined to that remedy. We admit
The substance of the complaint is proved by the evidence, if the evidence is believed. The court, therefore, properly refused to give the charge asked by the defendant.
4. Upon the authority of previous decisions of this court, we hold, that there was no error in allowing the witness I). McNeill to testify that Milage Marcus was “in such destitute condition as to demand public charity and prompt attention.” It is not the statement by the witness of his mere opinion, nor of a legal conclusion-; but is, at most, the statement of a conclusion of fact, which, from its very nature, the witness was authorized to make. — Stanley v. The State, 26 Ala. 26; Walker v. Forbes, 25 Ala. 139; Royall v. McKenzie, 25 Ala. 363; Iverson v. Nelson, 24 Ala. 9.
Judgment affirmed.