National Life Insurance v. County of Dawes

Sedgwick;, J.

This is an action upon county warrants of Dawes county. It was begun in the district court of that county and tried to the court without a jury, and judgment entered for the defendant, from which judgment plaintiff prosecutes error to this court. The defense to some of the warrants was that they were issued in excess of eighty-five per cent, of the levy; and the statute of limitations was relied upon as a defense to all the warrants.

1. The first question presented is as to those warrants in dispute which were drawn after eighty-five per cent, of the original levy for the general…