297 N.W. 27 | Minn. | 1941
It appears that prior to December, 1934, Arlys Schendel, the unmarried mother of Willard Schendel, lived with her parents in the village of Hanover, Hennepin county, and there acquired a settlement. During that month, the family moved to Greenwood township, Hennepin county. In late November, 1935, the family returned to Hanover. It was this period of residence of about 11 months in Greenwood which was found below to have established for Arlys Schendel a poor relief settlement there. On May 25, 1936, subsequent to her parents' death, Arlys Schendel left Hanover and resumed residence in Greenwood, where she stayed with an uncle until July 21, 1936. She then went to Anoka county, where she remained until October 5, 1936. She again resumed residence in Greenwood, staying with her uncle until February 17, 1937. From this date until September 8, 1937, she worked in Douglas county, and until May 15, 1938, she worked in Scott county. At no time during this entire period of various residences did Arlys Schendel ever receive poor relief from any county or township, her maintenance coming from her own efforts or from parents or relatives. *468
While working at Belle Plaine, Scott county, Arlys Schendel became ill, and on May 15, 1938, was removed to the Minneapolis General Hospital, where she was treated for scarlet fever until June 4, 1938, as a charity patient. Thereafter she resided with her sister in Minneapolis, and on five separate occasions, three in June, two in August, she called at the hospital for medical assistance. She first made application for poor relief from the city of Minneapolis on June 20, 1938, and again on September 6, when it was granted. From September until February, 1939, Arlys Schendel or her son received poor relief from Minneapolis. In this proceeding, begun April 19, 1939, Minneapolis seeks a determination as between Hanover, Greenwood, and Medina, all political subdivisions of Hennepin county, of the place of settlement of Arlys Schendel for poor relief. Proceedings against Medina were dismissed.
The trial court concluded that Greenwood was the place of settlement of Arlys Schendel. Minneapolis and Hanover now contend for a similar result, while it is contended by appellant, Greenwood, that the settlement of Arlys Schendel is either Hanover or Minneapolis.
1 Mason Minn. St. 1927, § 3161, the statutory determinant of the place of settlement under either town or county systems for distributing poor relief, in part provides:
"Every person, except those hereinafter mentioned, who has resided one year continuously in any county, shall be deemed to have a settlement therein, if it has the county system; if it has the town system, he shall have a settlement in the town, city or village therein in which he has longest resided within such year."
A place of settlement is where a person is entitled to relief should he ever become a public charge and his relatives cannot or will not support him. 1 Mason Minn. St. 1927, § 3159; County of Redwood v. City of Minneapolis,
The trial court regarded as applicable to the town system the rule that once acquired, a settlement for relief purposes cannot be terminated except by gaining a new one. Town of Hagen v. Town of Felton,
We think this analysis correct. All intervening residences subsequent to the last residence in Greenwood must be excluded. In no other county was there one year's continuous residence as required by the statute. In re Settlement of Johnson,
Order affirmed.
MR. JUSTICE STONE took no part in the consideration or determination *470 of this case.
