161 Ind. 478 | Ind. | 1903
— It appears from the special finding of the court, made at the request of appellant: That in 1895 one Addie Hunter, an adult, was adjudged to be “insane, and dangerous to the community if suffered to remain at large,” by a justice of the peace of Harrison township, Harrison county, Indiana, in a proceeding brought under the act of 1855 (Acts 1855, p. 133, §§6987-6995 Burns 1901, §§5142-5150 R. S. 1881 and Horner 1901) ; that said justice of the peace appointed appellee, a resident of said county, to take charge of and confine said Addie Hunter; that said justice filed in the office of the clerk of the Harrison Circuit Court a transcript of the proceedings had before him in said cause, as required by §6991, supra, and at the September term, 1896, of the, Harrison Circuit Court, said cause was again tried, and a jury found against said Addie Hunter, and said court confirmed the appointment of appellee made by said justice of the peace, as pro
This case was appealed since the taking effect of the act of 1903 (Acts 1903, p. 280). The said act of 1855, supra, was held by this court to be constitutional in Board, etc., v. Moore, ante, 426.
It will be observed that appellee sued in this action for services rendered, and clothing, board, and lodging furnished, after the taking effect of the act of 1899 known as tke_ county reform law. Acts 1899, p. 343, §§5594g-5594e2 Burns 1901. Section 33 oí said act, being §5594-ml, supra, expressly provides that “Hereafter the board of county commissioners, or any authority, shs.il have
It is evident that so much of §4 of the act of 1855 (§6990, supra) as provided for the payment of a reasonable compensation out of the county treasury to the person having charge of such insane person, when such insane person was a poor person, was repealed by said §33, supra, unless such person was an inmate of a county institution. Appellee was bound to take notice of the law, and as said Addie Hunter was a poor person, all services rendered, and board, lodging, and clothing furnished after said county reform law took effect in 1899 wore voluntary, and for which she can not recover. Turner v. Board, etc., 158 Ind. 166; Board, etc., v. Mowbray, 160 Ind. 10; Board, etc., v. Pollard, 153 Ind. 371, 375. It follows that the conclusion of law was erroneous.
Judgment reversed, with instructions to restate the conclusion'of law in acc.®rdance with this opinion, and to render judgment in favor of appellant.