7 S.D. 558 | S.D. | 1895
McCook county brought this action to recover from appellants $100, paid by the county for the support and maintenance of their indigent father, and for a judgment requiring them to, contribute to his future support. This appeal is from an order overruling a demurrer to the complaint, The grounds of demurrer were: First, that plaintiff has not legal capacity to sue; second, that several causes of action have been improperly united; and, third, that the complaint does not state facts constituting a cause of action,
. There is no merit in the first ground. The statute expressly authorizes a county to sue (section'572, Comp. Laws). The second ground will be noticed after the third is diposed of.
Does the complaint state facts sufficient to constitute a cause of action in favor of the county against the appellant? Section 2612 of the Compiled Laws is as follows: ‘ ‘It is the duty of the father, the mother and the children of any poor person, who is unable to maintain himself by work, to maintain such