71 P. 450 | Cal. | 1903
These two actions were brought to recover the expense of keeping Hugh Buchanan, an insane person, at the hospital, plaintiff. The actions covered two different periods of time, and in each of them the defendant interposed a demurrer to the complaint, which was sustained, without leave to amend, and the plaintiff brings a separate appeal in each case from the judgment which followed. As these appeals involve the same questions, we will dispose of them in one opinion.
Buchanan was charged with murder, and put upon trial therefor in the superior court of Yuba County. A doubt arose as to his sanity, his trial was suspended, and the question of his sanity submitted to a jury called specially to determine that question under the provisions of section 1368 et seq. of the Penal Code. The jury found the defendant insane, and the court ordered his trial suspended until he should become sane, and that he be in the mean time committed by the sheriff to the plaintiff, hospital for the insane, in accordance with the provisions *380
of section
1. The first point presented on this appeal is, in the language of the demurrer, "that plaintiff has not legal capacity to sue." The respondent urges this want of capacity in appellant as a reason why the demurrers were properly sustained. Waiving the questions made by appellant as to the sufficiency of the demurrer to raise the question of want of legal capacity, we are of opinion that the complaint shows on its face that the plaintiff named therein has legal capacity to sue for the whole amount sought to be recovered in each case. Part of the aggregate amount sought to be recovered, it is true, accrued before the Insanity Law of 1897 went into effect, and as the name of "Napa State Asylum" was in effect changed by that act to that of the "Napa State Hospital," it may be said, as is claimed by respondent, that a portion of the claims originally accrued to the Napa State Asylum. However, in the act of 1897 (see Stats. 1897, p. 315) it is provided that "all properties now belonging to said Napa State Asylum for the Insane, and all moneys to its credit with the state controller and state treasurer, are hereby transferred to the Napa State Hospital"; and it seems clear from this provision that whatever claim existed in favor of the "asylum" before the act, being a species of property, it passed to, and under the law became the property of, the "hospital" when the act went into effect. And this must be true, whether we treat the old institution as still in existence under the new name or the old as having been abolished or displaced by the new institution under the act. The suits having been begun after the act went into effect, certainly the party named in the act, "the treasurer in the name of the hospital," had "legal capacity to sue upon any cause of action accruing to the hospital." (See Stats. 1897, p. 324, sec. 13.) One meaning of the word "accrue" is "to vest," and in this sense the claim accrued to the hospital when it ceased to be the property of the asylum and became the property of the hospital. (Rapalje's Law Dictionary, title "Accrue.")
The case of Napa State Hospital v. Flaherty,
2. It is next contended in support of the demurrer and judgment that section
Nor is there anything to indicate an arbitrary or unequal operation of the law; it applies to all persons charged with crime who become insane and to all counties alike.
We do not deem it necessary to specifically answer every objection to the section urged by respondent along this line, but content ourselves with saying that in our opinion it is not in conflict with any provision of our constitution.
3. Nor can we uphold the contention of respondent that said section
We are aware that this court has said in several recent cases that the Insanity Law of 1897 was intended as a revision of the laws relating to the government and management of asylums for the insane, and that as such it was intended to repeal all former laws not in harmony with it. These cases are in no way inconsistent with our present view, for the statute here under consideration was intended to regulate prosecutions for crime rather than to control hospitals for the insane.
We think the demurrer to the complaint was improperly sustained, and advise that the judgment be reversed, with leave to defendant to answer.
Haynes, C., and Smith, C., concurred.
For the reasons given in the foregoing opinion the judgment is reversed, with leave to defendant to answer.
Shaw, J., Angellotti, J., Van Dyke, J.