Joint Committee, Grangegorman Mental Hospital v Joseph J. Waters and Michael Egan

JurisdictionIreland
Judgment Date01 January 1926
Date01 January 1926
CourtHigh Court (Irish Free State)
H. C., I. F. S.,
Joint Committee, Grangegorman Mental Hospital
and
Joseph J. Waters and Michael Egan

Liability of deceased husband's estate - False declaration - Estoppel - Recovery of maintenance by summary proceedings - Not an exclusive remedy - Statute of Limitations - Lunatic Asylums (Ireland) Act, 1875 ss. 16 and 17 -Irish Poor Law Relief Act, 1838, s. 53.

The cost of the maintenance of a lunatic in an asylum is a debt due by the lunatic by implication of law and is recoverable out of his property while he is alive or out of his estate after his death. The liability is subject to the provisions of the Statute of Limitations. The maintenance of a lunatic wife in a public asylum is a "necessary" for which her husband is liable while living as a debt, and the husband's estate is liable after his death. The remedy by...

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2 cases
  • Re Byrne
    • Ireland
    • High Court
    • 18 d2 Novembro d2 1941
    ...the Matter of P.IR, [1926] I. R. 422, In re RhodesELR, 44 Ch. D. 94, and Grangegorman Mental Hospital Committee v. Waters and EganDLTR, 60 I. L. T. R. 169, applied. 2. That the accounts must be taken as settled up to the 31st December, 1924. 3. That the payments made after that date were re......
  • Sligo Board of Health v Lee
    • Ireland
    • High Court (Irish Free State)
    • 9 d6 Novembro d6 1935
    ...466. (2) [1927] 1 K. B. 214. (3) 28 L. R. Ir. 242, at p. 245. (4) 13 C. B. 826. (5) 24 L. R. Ir. 520. (1) 43 Ch. D. 12, at p. 17. (2) 60 I. L. T. R. 169. (3) 25 Q. B. D. (1) L. R. 5 P. C. 134, at p. 153. (2) [1926] 1 K. B. 567, at p. 570. (3) 25 Q. B. D., 384. (4) 13 C. B., at p. 835. (1) 2......

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