Bon Homme County v. Berndt

Citations

• 15 S.D. 494
• 90 N.W. 147
• 1902 S.D. LEXIS 41

Syllabus

<p>1. Where new matter in an answer presents several defenses, but is so connected that it would be difficult to set them out as separate defenses, and defendant makes no attempt so to do, a demurrer on the ground that the new matter alleged does not constitute a defense is sufficient, under Comp. Laws, § 4918, authorizing the plaintiff to demur to an answer containing new matter which does not constitute a counterclaim or defense.</p> <p>2. Laws 1895, Chap. 98, § 1, making the expenses incurred by a county in caring for an insane person at the state .hospital a charge against his estate when he has no heirs in the United States dependent on his estate for support, is uniform, and not unconstitutional, though the property of the patient has been taxed to help support the insane hospital.</p> <p>3. Laws 1891, Chap. 79, requiring counties to levy a tax sufficient to repay the state the expenses of their insane patients in the state hospital, is not unconstitutional, as providing for double taxation, though ■ the state hospital is a state institution, and the constitution imposes on the state the duty of levying taxes for the support of all its institutions, as the money levied by the state and expended is replaced by the money received from the counties.</p> <p>4. A statute will not be held unconstitutional unless its conflict with the constitution is shown beyond all reasonable doubt.</p>