18 Wis. 624 | Wis. | 1864
By the Court,
It is claimed that the record does not show that an exception was taken to the decision of the court that upon the facts found the county was not liable. If there were no exceptions, we would be bound to look into the record, to see if the judgment was sustained by the finding. Blossom v. Ferguson, 13 Wis., 75. Eor this purpose no' bill of exceptions is necessary. Was then .the judgment correct upon the facts found or admitted ? We think not.
It must be assumed that Armstrong became disabled in the town of Westfield, in the county of Saule, having no means of support or money to pay for necessary care and medical attendance. He had no legal settlement in that town, but had such settlement in the town of Eeedsburg. On complaint being made, the supervisors of Westfield expended the money claimed in this action, for the relief of Armstrong, and have not been paid such expense either by the town of Eeedsburg or the county. Is the county liable to reimburse the town of West-field for these expenditures, or must that town look to Eeeds-burg alone, where Armstrong had a legal settlement ? This depends upon the special provisions of our statute for the relief and support of the poor.
It is a very obvious feature or principle of our statute upon this subject, to make every town primarily and absolutely liable for the relief and support of all poor and indigent persons lawfully settled therein. This is particularly manifest from the language used in sections 1 and 24, chap. 34, and hardly less apparent from some other sections of that chapter. But not
We are clearly of the opinion that, upon the finding in this cause, judgment should have been given in favor of the town of Westfield for the sum which it had expended for the relief of Armstrong, and costs of suit.
The judgment of the circuit court is therefore reversed, and the cause remanded for a new trial.