State v. Dyer
Supreme Court of Iowa
Appeal from Polls District Court. DyeR was elected treasurer and' recorder of Polk county, at the August election, 1855, for the term of two years, and on the 13th of that month executed his official bond, with the other defendants as his sureties, and entered upon the discharge of his duties.
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Appeal from Polls District Court. DyeR was elected treasurer and' recorder of Polk county, at the August election, 1855, for the term of two years, and on the 13th of that month executed his official bond, with the other defendants as his sureties, and entered upon the discharge of his duties. This action was brought in March, 1861, the petition assigning as a breach of said bond, that said Dyer had, during his term of office, collected taxes and other means belonging to the State, which he had neglected and refused to pay over. Defendants demurred upon three grounds ; the demurrer was…
1Opinion of the Court
Weight, Ch. J.
1. Statute of limitations: official bond. The third ground of demurrer, and the only one which we shall discuss,, is: “That no part of the cause of action accrued to plaintiff within , ... three years last past. In this question is involved the construction of the second clause of § 2740 of the Revision (§1659 of the Code), which provides that actions “against a sheriff or other public officer, growing out of a liability incurred by the doing of an act in an official capacity or by the omission of an official duty, including the non-payment of money collected on execution, must…
2Cases cited1 opinion
- County of Poweshiek v. OgdenSupreme Court of Iowa · 1858
3Cited by6 opinions
- State ex rel. School District v. HarterSupreme Court of Missouri · 1905
- State v. HendersonSupreme Court of Iowa · 1875
- Baie v. RookSupreme Court of Iowa · 1937
- Keokuk County v. HowardSupreme Court of Iowa · 1875
- O'Banion v. De GarmoSupreme Court of Iowa · 1903
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