Napa State Hospital v. Flaherty

COOPER, C.

— The court below made an order sustaining defendant’s demurrer to the amended complaint, and this appeal is from the judgment, for the purpose of reviewing the order.

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The complaint alleges that one John L. Flaherty, the son of defendant, was duly committed to the state insane asylum at Napa by order of the superior court, where he was regularly detained, supported, and maintained in pursuance of said order; that he had not, at the date of said commitment, and has not since, had any wife, child, or children of sufficient pecuniary ability to support him at said asylum, and that defendant is of sufficient ability, and is liable, under section 8 of the Insanity Law of 1889 (Stats. 1889, p. 330), which reads as follows: “If indigent insane persons have kindred of degree of husband, wife, children, other than minors, father, or mother, living within this state, of sufficient pecuniary ability, who are •otherwise liable, such kindred, in the order above named, shall support such indigent insane person by paying to the board of ■directors or board of trustees, as the case may be, of the asylum to which such insane person has been committed or removed, the sum per month fixed on by them, quarterly, in advance, for the maintenance and support of such indigent insane person, and such kindred, in the order above named, shall also pay for the clothing as the resident physician of such asylum .shall from time to time furnish to such indigent insane person.”

The demurrer was upon the grounds (among others) that the complaint does not state facts sufficient to constitute a ■cause of action, and that the plaintiff has not the legal capacity "to sue. As we have concluded that the demurrer was properly sustained upon the latter ground, it will not be necessary to ■consider whether or not the complaint states facts sufficient to authorize the proper party to maintain the suit in the proper ■court.

Section 9 of the law of 1889 is as follows: “ For a failure to perform the duty devolving upon such kindred under the provisions of this act, an action may be brought by the board of trustees or board or directors, as the case may be, of the asylum to which such insane person has been committed or removed, in their own names, against said kindred, in the order above named. Such action may be prosecuted in the superior court ■of any county in this state in which said kindred, or either of them, may reside, and in which the action shall be brought, which action shall be conducted throughout, and the judgment therein enforced, as in a civil action for the recovery of a debt.”