District Township of Boomer v. French
Supreme Court of Iowa
Appeal from Pottawattamie District Oowrt. AotioN to recover an alleged balance due from the defend-, ant, as treasurer for the plaintiff.
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Appeal from Pottawattamie District Oowrt. AotioN to recover an alleged balance due from the defend-, ant, as treasurer for the plaintiff. The petition was filed May 17th, 1874, and alleged that plaintiff is a corporation; that from April 17,1869, to March 21,1870, the defendant was the. duly elected and acting treasurer for plaintiff; that during that time the defendant received of moneys belonging to plaintiff two thousand dollars, which he appropriated to his own use, more than he accounted for; that at the close of his term a, partial settlement was had with defendant, but by means of…
1Opinion of the CourtCole, J.
By our statute,- causes of action against a jmblic officer growing out of the omission of an official duty, must limitations01 fraud! be brought within three years after their causes accrue. Nev. 1860, Sec. 2740, Code 2529. This cause of action accrued on March 21, 1870, -and suit was not brought until 1874. It is therefore barred, nothing further appearing. Powesheik, Co. v. Ogden, 7 Iowa, 177; The State v. Dyer, 17 Iowa, 222; Prescott v. Gonser, 34 Iowa, 175. But it is claimed that it is saved by the provisions of Code, “ Sec. 2530. In actions for relief, on the ground of fraud or mistake,…
2Cases cited5 opinions
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Prescott v. GonserSupreme Court of Iowa · 1872
- State ex rel. School Fund v. LakeSupreme Court of Iowa · 1864
- County of Poweshiek v. OgdenSupreme Court of Iowa · 1858
3Cited by70 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Christy v. MiulliSupreme Court of Iowa · 2005
- Hinkle v. HargensSouth Dakota Supreme Court · 1957
- Rathje v. Mercy HospitalSupreme Court of Iowa · 2008
- Faust v. HosfordSupreme Court of Iowa · 1903
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