74 Minn. 290 | Minn. | 1898
Each party to this action is an organized town in the county of Le Sueur, in this state. The town of Lexington, plaintiff herein, brought the action against the town of Sharon, defendant, to recover for the board and care of one Frank Schaffer, an alleged poor person.
It is claimed by plaintiff that Schaffer wa? a resident of the town of Sharon from April 8, 1895, to April 9, 1896. Under the laws of this state, for many years prior to the commencement of this action, it was the duty of each town in Le Sueur county to care for and maintain its own poor. There seems to be but little, if any, controversy over the fact that Schaffer was a poor person, unable to earn
The preliminary proceedings on the part of plaintiff — such as notifying the defendant to take, care for and support Schaffer, his subsequent removal by plaintiff to the defendant town, and the presentation to the latter town by plaintiff of an itemized and verified bill for his care and support during said four months — seem to have been complied with, the said town of Sharon having refused to receive, care for or support him when he was taken to said town by the plaintiff; he was therefore removed from said town of Sharon by it to the said town of Lexington, prior to the time for which he was cared for and supported by the latter, for which this action was brought.
The evidence is quite conflicting, and not very satisfactory, as to the legal residence and settlement of Schaffer during the period beginning April 8, 1895, and ending April 9, 1896. But the questions of fact as they appear by the evidence to have been controverted upon the trial were actual and substantial, not merely formal or colorable, and the verdict should not be disturbed, even if the mere weight of evidence is against the verdict.
The record presents no reversible errors of law, and our conclusion is that the order appealed from should be affirmed. So ordered.