300 N.W. 798 | Minn. | 1941
On October 17, 1940, Robinette applied to the Aitkin county authorities for assistance. Emergency assistance in the amount of ten dollars was given. Some correspondence followed between the Aitkin county and Minneapolis city poor relief officials as a result of which the city of Minneapolis definitely admitted that the settlement of the Robinettes was in Minneapolis, that the city was responsible for their care and support, and that it consented to their removal from Aitkin county to Minneapolis.
On November 6, 1940, the poor relief authorities of Aitkin county served the Robinettes with the statutory warning under Mason St. 1927, § 3173,2 to depart from the county. On November 28, the Robinettes having failed to depart (as it is fair to infer because of their inability to do so), the county commenced the present proceeding to establish the settlement of the Robinettes in Minneapolis and for their removal thereto.
The removal proceedings were had under Mason St. 1940 Supp. § 3161-1, which reads as follows:
"Whenever a dispute shall arise between political subdivisions within a county or between two or more counties or between a county and a political subdivision of another county or political subdivisions of different counties as to the place of settlement of any poor person, any such county or political subdivision may serve upon the other or others a notice * * * for a determination of the settlement of such poor person."
The city, upon an adequate showing which was not controverted, moved to dismiss the proceeding upon the ground that there was no "dispute" between the parties, since it had always admitted the *225 facts asserted by the county and was willing that the county should have the relief demanded in the proceedings by a removal under Mason St. 1927, § 3173. The motion was denied. The court heard the matter, found that the settlement of the Robinettes was in Minneapolis, and ordered their removal thereto. Then the city moved again for a dismissal notwithstanding the decision of the court and for amended findings and conclusions or a new trial. The motion was supported by an affidavit of Robinette that he was a freeholder and objected to the removal. The appeal is from the order denying the motion.
Here, the city contends that the court was without jurisdiction to entertain the proceedings for want of a dispute; that the court was without jurisdiction for the further reason that the statute does not authorize the removal of a freeholder; that the county's exclusive remedy, if any, under the circumstances, was a removal without court proceedings, under Mason St. 1927, § 3173; and that the court erred as a matter of law in refusing to dismiss for want of a dispute.
We need only consider the claimed error that the court erred in denying the motion to dismiss for want of a dispute. The city objects not to the removal of the pauper and his family to Minneapolis, but to being harassed with unnecessary litigation to accomplish that purpose and burdened with the expense incident thereto. There is no "dispute" except where there is a matter of either law or fact asserted on one side and denied on the other. Seiz v. Citizens Pure Ice Co.
In Johnson v. Dosland,
Where a party can obtain complete and adequate relief, as here, by the consent of his adversary, there is no justification for legal proceedings to obtain such relief. Parties should not be vexed and harassed with litigation where they are willing to do everything that the court could compel them to do under the circumstances of the case. Courts should not be burdened with such litigation, nor the public with the expense thereof. The instant case should have been dismissed under the rule.
Reversed with directions to dismiss.