The Osceola times., 1876-11-04
Supreme Court Decision.
STATE OF ARKANSAS, !
SUPREME Corr. 1

b. il remembered that at term
oi the supreme court of the state of
Arkansas begun and held IN the
court house, IN The city OF little
Rock, on the fourth Monday in
November, 1875, the following
opInion was delivered in the case
OF Lee county, ct al appellants,
vs. ID. NJ. Lackic, appellee:
l.ack'e, n prncticlng physician of
Lee county, presented bill for
medical services rendered a young
man, resident OF the county, who
was in ndigcnt circumstances
without means TO pay his doctors
bill. The sum claimed Tor such
services was 500. The claim was
presented to the county court OF
Lee county, to be allowed ~ a coun-
ty charge the county court nl-
lowed $50 against the county, and
Lackie appealed to the circuit
court. The case was tried in the
circuit court by the judge sitting as
jury. by the consent OF both par
ties.
Tho evidence set forth IN the bill
exceptions presents the follow
ing state of the case Tha. Alex
andcr Brasher, II resident of Lee
county, about 2l years OF agc, who,
until taken sick, WAS strong. able
b died young man, who hired as a
laborcr, and in February, 1873,
was hired by and living with a res
idcnt citizen Of the county was
taken. sick there and required med.
ical attendance, Tor which he was
unable to pay that he was visited
and attended upon whilst suck 10y
DIR. Laekie, regular practic,Lg
physician that the services we've
rendered and tho charges were
reasonable. That il was not claimed
that Brashcr was a pauper or that
0r. Lscklc attend d upon him rs
such. That Brashcr was never rc.
ported by any officer whose duty
il was TO make report to the county
court. That no charge was made
against the county AT the time the
services were rendered. That
Brasher was getting wcll, Such
Is substantially ,hc evidence.
Tho court was asked in view OF
the state Of facts 10 make the fol
lowing declaration of law as ap-
piled to the case:
|. a person who is ordinarily
strong and ablc-bodicd, thou Ii he
may tall ok and have no means
with winch TO procure medical aid,
cannot be called under our statute
u paupcr, and AN allowance made
by the county court to physician
for medical aid rendered to such
er o. rs contrary to law.
=. An allowance cannot he made
By the county court for the benefit
o. poor persons until such persons
have been presented by the officer
whose duty it is 10 report poor per-
sons TO the county court and de
clartd by such court ty be pau
pens.
3. a paupcr is one who is dcsti'
tric OF means, physically unable to
labor for II l,vn & and this dcstitu-
ton and physical disability must
b. grave aud Of long standing, or
50 continued us To make the sub.
jcct necessarily, from humanity, Il
charge upon the county.
The first two declarations of law
were refused, and the third quail
tied by adding the law TO be, "That
it's the duty oi each county to pro
vide Tor the paupers theron, such
as the sick who are unable Ia sup
port themselves, and have no suth e
cicnt os,a.c OF their own"
And the court upon tho state of
the case made by The evidence,
found that Brashcr was n pauper.
That Lackic rs u physician rem
dercd the services, and that they
were worth 500, which the county
of Leo were bound to pay.
Judgment was rendered against
the county, u new trial asked aud
overruled, exceptions taken, and
the ease brought before us by ap-
peal.
The questions Of law presented
are Was Brashcr II pauprr or poor
person for whom medical attend
ance the county should lie charged
The statute, iantts Digest, see.
613, provides, That "evcry county
IN this state shall relieve, maintain
and support It's own poor, such rs
the lame, the blind, the sick, aud
other persons, who, from other in
trinity, are unable TO support them.
selves, who have no sufficient cs.
tate of their own, and who have
not removed from another county,
tor the purpose of imposing the
charge OF keeping them, or any
county other than the one IN which
they last lived.
Section GIL provides ior the APP
| preparation OF means for building Il
poor.hnusc.
Scc.ion GT2 provides for letting
out the building To some suitable
person, whose duty il is 20 take
charge of the poor TO furnish
. clothing, food aud medical attend.
ance.
Section GA makes il the duty OF
sheritfs, constablcs, coroners and