45 Colo. 395 | Colo. | 1909
delivered the opinion of the court:
The plaintiff brought this action to recover from Saguache county for the value of board, medicine, care and attention which he furnished to a pauper whom, it is claimed, the county, under our statute, was obliged to support. He got judgment and defendant appealed.
Plaintiff’s counsel devotes much argument to establish the proposition that under our pertinent statutes a county may he liable, upon an implied contract, to pay for such aid. Rio Grande County v. Phye, 27 Colo. 107, is cited. The matter there decided was that, under the facts of that case, the county was not holden, either upon an express, or an implied, contract. The court, however, did say, that it was inclined to the view that, in some circumstances under our statute, which makes paupers a county charge, the county may be liable upon an implied contract. As the writer of this was the author of that, opinion, he is not embarrassed in now observing that such reference, whether it is a correct, or an incorrect, statement of the law, was purely obiter and should not have been made. Apparently it has induced plaintiff’s counsel, and perhaps
In this state all county business, not otherwise specially provided for, is under the control of a board of county commissioners.—Rev. Stats. 1908, § 1204. Unless there is some statute which takes from the board the duty of providing for the poor, with the power to make ■ valid contracts for their support, which binds the county, such power is vested in the county board. We are cited to, and find, no such
Because no valid contract was made in this case and, even if it was, the mode prescribed by the statute for the allowance of claims arising therefrom for the services rendered was not complied with, the judgment, which was for plaintiff below, must, be reversed and the cause remanded.
Reversed and remanded.