181 Wis. 484 | Wis. | 1923
The claim is founded on sec. 49.10, Stats., which is to the effect that if any person who has received relief at public charge, as an inmate of any state or municipal institution, was at the time of receiving such relief the owner of property, the authorities charged with his care “may sue for and collect the value of the same against such person and against his estate.”
The question before this court is one of interpretation of the statute. It is claimed on the part of the appellant that the statute should be construed to charge the property which the incompetent person had at the time the support was furnished, and not charge property that might come into her future possession. On the other hand, the respondent claims that the law in express terms provides for collection against the property she had at the time the support was furnished and also against any property she might obtain in the future.
The trial court adopted the rule Ita lex scrip ta est. That rule applies where the statute is plain and unambiguous; otherwise it is the spirit of the law that giveth life. Taking into consideration the whole statute, we do not consider it so plain that different interpretations may not reasonably follow. If the legislature had intended to charge any property that might be acquired in the future with past support, it would have been easy to so declare in direct terms. It did not do so. It provided that suit might be commenced only in case the public charge should have property at the time the relief was furnished. That fact alone would give a court jurisdiction to entertain an action. The statute then provides that the proper authority “may sue for and collect the value of the same.” To^ what does “the same” refer, — the value of the support, or the value of the property? Manifestly, the authorities could not collect the value of the support unless the property was of sufficient worth to satisfy the claim. And of course if the value of the property exceeded the value of the support the claimant
By the Court. — The judgment of the circuit court is reversed, with directions to enter judgment in accordance with this opinion.