84 Wis. 256 | Wis. | 1893
Under the authority of Rhine v. Sheboygan, 82 Wis. 352, Bore Larson was not, under the evidence, a “ poor person,” within the meaning of sec. 1499, R. S., in 1889 and 1890, when he received from the town of Ettrick the sums to recover which this action was brought. This being the case, the plaintiff town should not have recovered for any part of such sums which Larson used for his own support or for his own individual purposes. But there was testimony tending to show that a part, at least, of these moneys was furnished and actually used for the purchase of the necessaries of life for some or all of the adult, weak-minded children, Louisa, Emma, and John. The question arises, Can the plaintiff town recover for that part of the moneys advanced which was actually used for the support of these children? In considering this question it becomes necessary to inquire where the legal settlement of these children was at the time in question. Did it remain in Bamgor, or had it been transferred to Ettrioh?
Although we have decided that the evidence shows that
We do not regard the fact that the town of Bangor contributed to the support of the family up to July, 1889, as in any way affecting its rights in this action, after it gave notice to the town' of Ettrick that it would discontinue such support; nor do we consider the service of a denial of liability, under sec. 1514, R. S.,
By the Court.— Judgment reversed, and cause remanded for a new trial.
Sec. 1514, R. S., provides that the supervisors of a town in which a “poor person” has a settlement shall, after notice, remove such poor person to their own town, and pay the expenses incurred in maintaining him from the time of his becoming a charge to the town in which he is maintained; and if the supervisors do not remove him, their town shall be liable for the expenses of maintaining such poor person, so long as he shall remain a public charge, and the town where such person may be may, from time to time, recover the same with costs; “ but if the supervisors receiving such notice shall, within said thirty days, deny in writing the allegations contained therein, and serve such denial on one or more of the supervisors giving the same, an action for such . . . maintenance shall be commenced within three months after the service of such denial, or be forever barred.”
“ Sec. 834. No action upon any claim or cause of action, for which a money judgment only is demandable, shall be maintained against any town, unless a statement of such claim shall have been filed with the town clerk, to be laid before the town board of audit, nor until ten days after the next annual town meeting thereafter.”