93 P. 1011 | Cal. | 1908
James S. Callen had been declared an incompetent and committed to the Southern California State Hospital. A guardian was appointed of his estate. At the time of the settlement of the final account of the guardian it appeared that he had on hand four hundred and seventy-six dollars which could be devoted to the payment of the claims of creditors. Two kinds of claims were presented. 1. The claims of private persons, aggregating fourteen hundred and thirty-five dollars, which claims had accrued prior to the commitment of the incompetent to the State Hospital; and, 2. The claim of the State Hospital for four hundred and thirty-five dollars, accrued for the support, care, and maintenance of the incompetent subsequent to his commitment. The court ordered that the moneys in the hands of the guardian be ratably distributed amongst the creditors other than the Southern California State Hospital, and from this order the hospital appeals. It contends, first, that it is an agent and mandatory of the state, and thus represents the state, and that the claim of the state as sovereign should be preferred over that of the general creditors by virtue of the common-law rule to this effect. (State v. Foster,
The order appealed from is affirmed.
Beatty, C.J., Angellotti, J., Sloss, J., McFarland, J., and Lorigan, J., concurred. *772