Form No. 15334.1 (Precedent in Burke County v. Buncombe County, 101 N. Car. 520.) [(Commencement as in Form No. 5927.)]3 1. That in and during the year 1880, one Rosanna Meadows was a resident and citizen of the county of Buncombe, in the State of North Carolina, and during a part of the year 1880 was an inmate of the almshouse of said county of Buncombe, having been sent there and being there under lawful authority as an inmate. day of 2. That on or about the 1880, the said Rosanna Meadows, while suffering from a fit of insanity, escaped from said almshouse of Buncombe County, where she had a right to be, and wandered to the county of Burke, in which said county she was arrested and committed to jail of said county under a charge of insanity. That at the time of her arrest, the said Rosanna Meadows was insane could give no account of herself, or where she came from, and had no means of support. No one knew her, and the plaintiffs, the Board of Commissioners of Burke County, had her sent to the almshouse of Burke County, and had her cared for, fed, clothed therein from time she was arrested, on the 3d day of August, 1880, up to and until about the 5th day of July, 1886, when the said Rosanna Meadows came to her senses and told where she came from, and who she was; and she was at once returned by the plaintiffs, or under their order, to the defendants, the County Commissioners of Buncombe County, who received her. 3. That during.all the time that Rosanna Meadows was an inmate of the almshouse of Burke County, from about the 3d day of August, 1880, to the 5th day of July, 1886, she was unable to give any account of herself where she was from, or where her home was - and plaintiffs, all this time, were trying to find out something about her, and where her home was, but in vain, until she came to her mind as above stated, about the 5th of July, 1886, when she was immediately returned to her home in Buncombe County. 4. That the plaintiffs made application to have her taken into the Western Carolina Insane Asylum as an inmate, and did what they could to get her admitted, but the application was refused and said Rosanna Meadows refused admittance. 5. That the plaintiff Commissioners of Burke County expended in taking care of, feeding and clothing the said Rosanna Meadows while she was an inmate of the almshouse of said county of Burke, the sum 1. North Carolina. -- Where any person has come into a county, who is likely to become chargeable thereto, *** if such person be sick or disabled, and cannot be removed without danger of life, the board of commissioners shall provide for his maintenance and cure at the charge of the County; and after his recovery shall cause him to be removed to the county wherein he has a legal settlement and pay the charges of his removal; and the county, wherein he was last legally settled, shall repay all charges occasioned by his sickness, maintenance, cure and removal. Code (1883), § 3545. See also list of statutes cited supra, note I, p. 25. 2. A demurrer to this complaint was sustained in the trial court, but upon appeal to the supreme court the sustaining of the demurrer was held to be error. 3. The matter to be supplied within [] will not be found in the reported case. of five hundred and nine dollars and twenty-five cents, of which sum four hundred and seventy-nine dollars and twenty-five cents is for board of the said Rosanna Meadows for the period of five years and eleven months, at six dollars and seventy-five cents per month, and twentyfive dollars is for clothing, and five dollars is for costs of attempting to get her into the asylum for the insane. All of which said sum is due to the plaintiff from the defendant, as appears from the paper marked "Exhibit A," which is herewith filed, and asked to be taken as a part of this complaint, showing the account and warrant upon which the said Rosanna Meadows was arrested. 6. That said account for the sum of five hundred and nine dollars and twenty-five cents has been presented to the defendant Board of Commissioners of Buncombe County by the plaintiff Board of Commissioners of Burke County, and payment thereof demanded, which has been refused, and defendant refusing to pay the same or any part thereof. Wherefore, plaintiffs pray judgment for the sum of five hundred and nine dollars and twenty-five cents, and interest on the same, for costs of action, and for such other and further relief as may be appropriate. [(Signature and verification as in Form No. 5927.)]1 (2) BY COUNTY AGAINST TOWN. Form No. 15335.* (Precedent in Hillsborough County v. Londonderry, 43 N. H. 451.)3 [(Commencement as in Form No. 6945)]1 in a plea of the case for that by the Revised Statutes of said State passed on the 23d day of December, 1842, it is among other things enacted, that any insane person committed to the asylum (meaning the New-Hampshire Asylum for the Insane), by any court or judge of probate, shall be supported by the county from which he was committed, and any sum so paid may be recovered by the county of any county, town, or person, chargeable with his support. And said county of Hillsborough avers, that July 16, 1859, one Parker G. Melvin, than a resident of Litchfield, in said county, at a special term of the probate court held at Manchester within and for said county, on said last named day, was decreed to be an insane person, and was committed to said asylum from said county by the Honorable David Cross, then judge of probate for said county, and has ever since been supported there at the expense of said county, and during said time said county, by its commissioners, did and have paid out and expended for the necessary support and maintenance of said Melvin at said asylum, from July 19, 1859, to January 27, 1862, inclusive, and including said 19th day of July, 1859, and said 27th day of January, 1862, for board, lodging, washing, medicines, medical attendance, and clothing and postage, according to the specification in the annexed account, the sum of four hundred dollars and nine cents in money. And the said county avers that at the time of the committing of said Melvin to said asylum, he was poor and unable to support himself, and that there was no county, relative, or other person, chargeable with his support, and that the said committing of said Melvin to said asylum was necessary and in accordance with law; and that, July 16, 1859, said Melvin had a legal settlement in said town of Londonderry, [of all of which said town of Londonderry had due notice, whereby said town of Londonderry became liable, ]1 and in consideration thereof, at the county aforesaid, to wit, at Nashua aforesaid, the said town of Londonderry afterward, to wit, on the day of the date of this writ, promised the said county to pay it the same sum on demand; yet, though requested [so to do, the said town of Londonderry hath not yet paid the said sum of money so due to said county as aforesaid, or any part thereof, but so to do hath wholly refused, and still doth refuse, to the damage (concluding as in Form No. 6945). ]2 3. Answer Denying Liability for Medical Service Rendered to Pauper.3 Form No. 15336. (Precedent in Bartholomew County v. Boynton, 30 Ind. 359.)* [(Venue and title of court and cause as in Form No. 9735.)]2 The defendant for answer to the plaintiffs' complaint says: that at the time of said pretended service to said Samuel P. Taggart, as set forth in said complaint, he was an inhabitant and resident of Sand Creek township in said county of Bartholomew; that at the time said medical service was rendered, and at the time of the plaintiffs' employment therefor, there was a poor-house of said county, duly constructed and provided with a superintendent therefor employed by said county, for the reception and care of all the poor of said Bartholomew county; that at said time Doctor John B. Groves, who is a skillful physician, having a knowledge of surgery, was the physician of said poor-asylum, and of the jail of said county, with whom the defendant, on the day of March, 1867, had entered into a contract to attend upon and render all medical and surgical aid to 1. See supra, note 3, p. 36. 2. The matter enclosed by and to be supplied within [ ] will not be found in the reported case. 3. Requisites of Answer or Plea, Generally. For the formal parts of an answer or plea in a particular jurisdiction consult the titles ANSWERS IN CODE PLEADING, vol. 1, p. 799; PLEAS, vol. 13. p. 918. 4. On demurrer, this answer was held to state facts sufficient to constitute a defense to the action. The complaint in this case is set out supra, Form No. 15333. day of all persons confined in the jail of said county and paupers in said county asylum, from said date, for the time of one year, for a consideration paid to him by defendant; that said Groves at said time of said pretended service rendered by plaintiffs, and of their said employment therefor by the said trustee, was at all times ready and willing to do and perform any and all duty within his said employ. ment, of which plaintiffs and said trustee of Sand Creek township well knew; that at the time of the employment of plaintiffs by said trustee and the rendition of said medical services by them, Doctor Solomon Davis, who is a resident of Bartholomew county, and who is a competent and skillful physician, having a knowledge of surgery, was the physician of said county to attend upon and render all necessary and medical and surgical aid to the poor generally therein outside of the poor-asylum and county jail; that on the 1867, the defendant made and entered into a contract with said Davis wherein he agreed and was required by said contract for a consideration paid by defendant, to attend upon and to give and render all necessary medical and surgical aid and assistance to all the poor generally of Bartholomew, in each and every township of said county outside of the jail and asylum thereof, for the time of one year from said date, and gave bond to the defendant for the honest and faithful performance of his duties under said contract as aforesaid, with good and sufficient surety to the approval of defendant; that at the time of said pretended employment of plaintiffs by said trustee, and the rendition of said medical aid and service by them, said Doctor Davis was the physician of said county, as aforesaid, and was willing to attend upon and render and give all necessary medical and surgical aid and assistance to any and all the poor generally of said county in each and every township thereof; and especially was he ready and willing and able to attend upon and give and render to said Samuel P. Taggart, the party on whom said plaintiffs attended, all necessary medical aid, as required by his said contract with defendants, if he had been notified that his services as physician as aforesaid were required; of all which plaintiffs and said trustee well knew; that in said case said Davis had no notice, and his services were at no time required; that Doctor Davis resides at Columbus, the county seat of said county, and easily accessible to any portion thereof, and one physician is able to attend upon all the poor of said county outside of the poor-house and county jail; and especially has said Davis at all times been ready and willing, able and sufficient for said purpose for which he was employed; and defendant demands judgment. [(Signature and verification as in Form No. 9735.)]1 II. PROCEEDINGS TO COMPEL RELATIVES TO SUPPORT PAUPER. 1. Notice of Application to Compel Relatives to Support Pauper. Form No. 15337.2 1. The matter to be supplied within [] will not be found in the reported case. 2. Wisconsin. - Stat. (1898), SS 1502, 1503. To Richard Doe, of Burlington in the County of Racine and State of Wisconsin. Sir: You will please take notice that the undersigned supervisors of the town of Burlington in the county of Racine in the state of Wisconsin, will make application to the County Court of said county of Racine, at the court-house in the city of Racine, in said county of Racine, on the thirtieth day of June, 1899, at ten o'clock in the forenoon of said day, or as soon thereafter as the application can be heard, for an order to compel the relief applied for in said application, a copy of which is hereto annexed. Dated at Burlington this tenth day of June, 1899. Nathan Hale, Samuel Short, William West, Supervisors of the Town of Burlington. 2. Application, Complaint or Petition. a. By Overseer of the Poor. Form No. 15338.' (Aikens' Prac. F. (Supp.), No. 35.) To the Honorable County Court next to be holden at Montpelier in and for the county of Washington, on the second Tuesday in March, in the year of our Lord one thousand eight hundred and ninety-eight: Come the inhabitants of the town of Montpelier, in the county of Washington, by Hiram Copeland, overseer of the poor of said town, and complaint make, that the said town of Montpelier has been and still is at great expense in the relief and support of Mary Smith, a pauper chargeable to said town of Montpelier, and having her legal settlement in said town, and that John Smith of Montpelier, in the County of Washington aforesaid, is related by consanguinity to the said Mary Smith, being, a son of the said Mary Smith, and is of sufficient ability to support the said Mary Smith. Wherefore the inhabitants of the said town of Montpelier, by Hiram Copeland, overseer of the poor of said town as aforesaid, pray this honorable court to assess, on due hearing, upon the said John Smith, such sum as this court shall judge reasonable for or towards the support of the said Mary Smith, to the time of such assessment, and further to assess and apportion upon the said John Smith such weekly sum as this court shall judge sufficient for the future support of the said Mary kindred to be charged resides, upon complaint made by a town or by any kindred, who have been at expense for the relief and support of such pauper, may, on due hearing, either upon the appearance or default of the kindred supposed to be chargeable, assess and apportion, upon such of the kindred as it finds of sufficient ability, and in proportion thereto, such sum as it deems reasonable for or towards the support of the pauper, to the time of such as |