54 Iowa 72 | Iowa | 1880
II. The statute in terms imposes on counties the duty of supporting poor persons, and there is no statute providing that such persons, so supported, shall in any event be liable to the county. It is not claimed there " _ was an express promise to pay the county. (Jan one be implied? It was held at an early day in this country there could not. Inhabitants of Deer Isle v. Eaton et al., 12 Mass., 327; Selectmen of Bennington v. McGinnis, 1 D. Chip. (Vt.), 44.
These cases proceed on the ground that the aid furnished the poor person is a charity to which he is legally entitled, and that, therefore, a promise cannot be implied.
III. The remaining question is whether there can be a recovery against the estate of the person to whom aid is furnished. The statute provides that “Any county having expended any money for the relief of a poor person * * may recover the same from any of his kindred mentioned in sections 1330 and 1331, * * by an action brought in any court having jurisdiction.” Code, § 1350. The kindred thus made liable are the persons who will inherit from the poor person in the absence of a will. But the liability does not depend on the fact that they at any time may be reimbursed by the pauper, or are entitled thereto, but solely on the ground that the general assembly has so provided under the police power with which it is invested. "What the value of the estate is, or whether there are creditors, we have no
It would be a legal anomaly if a recovery could be had against an estate, when none could be had against the deceased if living.
Eeversed.