Hamlin County v. Clark County

Citations

• 1 S.D. 131
• 45 N.W. 329
• 1890 S.D. LEXIS 18

Syllabus

<p>1. A person who had a lawful settlement in the county of C. was severely, injured while .temporarily residing- in the county of H., and the latter county furnished him medical attendance, nurses, etc., for several months. Held, on suit brought to recover for such relief by the county of H. against the county of C , that the county of H. could not recover, in the absence of any provision of the statute authorising such recovery</p> <p>2. Section 2143, Comp. Laws, provides that “every county shall relieve all poor and indigent persons lawfully settled therein, whonever they shall stand in need thereof.” Held, that under this section no legal duty was imposed upon a county to provide relief or support to ono who had a lawful settlement therein whil<} without the county.</p> <p>3. Section 2161 provides that it shall be the duty of the overseers of the poor of a county to furnish temporary relief to one who is sick and in distress, and without friends or money, therein, though not an inhabitant of the county. Held, that this duty is imposed upon a county, in addition to the legal duty of supporting its own poor and indigent.</p> <p>4. Further held, that the obligation or duty of a county to relieve and support the poor is purely statutory, and to make a county liable the case must fall within the liability created pursuant to, and in the manner prescribed by, the statute.</p> <p>5. Further held, there are none of the elements of a contract, express or implied, in a demand for the support or relief of the poor. The liability, if any, originates solely in the positive provisions of the statute.</p> <p>(Syllabus by the court.</p>