Bodman v. Johnson County
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. M. J. Wade, Judge. Action on two warrants, issued in 1884 and 1885 respectively, payable by defendant out of tlie “Davis Ditch Bund,” and at the dates of issuance presented to the county treasurer for payment and indorsed,,“Not paid for want of funds.” Demurrer on the ground that the action was barred by the statute of limitations was sustained, and judgment rendered for defendant, from which plaintiff appeals.
1Opinion of the CourtMcClain, J.
1 *2982 *297Plaintiff alleg'es in his petition that' at no time since these warrants were presented for payment has there been any fund in the county treasury from which they could have been paid, but further alleges that there is an excess of such fund in Muscatine county, through a portion of which the ditch rjins, which the defendant county might have had transferred to it, and from which these warrants might be paid. It was decided in the case of Mills County Nat. Bank v. Mills Co., 67 Iowa, 697, that action on such warrants may be maintained without regard to the existence of assets in the fund…
2Cases cited2 opinions
- Mills County Nat. Bank v. Mills CountySupreme Court of Iowa · 1885
- Wetmore v. Monona CountySupreme Court of Iowa · 1887
3Cited by10 opinions
- Little v. Emmett Irrigation DistrictIdaho Supreme Court · 1928
- Board of Supervisors v. District Court of Scott CountySupreme Court of Iowa · 1930
- Canal Construction Co. v. Woodbury CountySupreme Court of Iowa · 1909
- McDermott v. AlgerMichigan Supreme Court · 1915
- Sappington v. Board of Com'rs of Jefferson CountySupreme Court of Oklahoma · 1928
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