County of Poweshiek v. Ogden
Supreme Court of Iowa
Appeal from the Poweshiek District Court. This was a suit brought on the official bond of Ogden,, as county judge of Poweshiek county. The bond is dated August 22, 1853, and is conditioned that, “ the said Ogden shall well and truly perform all the duties of his said office, and pay over all moneys coming into his hands by virtue of his office, and otherwise perform all the duties of his said office according to law.”
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Appeal from the Poweshiek District Court. This was a suit brought on the official bond of Ogden,, as county judge of Poweshiek county. The bond is dated August 22, 1853, and is conditioned that, “ the said Ogden shall well and truly perform all the duties of his said office, and pay over all moneys coming into his hands by virtue of his office, and otherwise perform all the duties of his said office according to law.” The breaches assigned by the plaintiff, relate to the failure of the said Ogden to account for, and pay over, moneys belonging to the county, received by him as county judge,…
1Opinion of the Court
Stockton, J.*
The only question presented for our determination in this case, is whether the plaintiff’s action is barred by the second clause of section 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 *179of an official duty, including the non-payment of moneys collected on execution, are barred within three years.”
The first breach assigned by .the plaintiff's petition is, “ that the said R. 13. Ogden, at divers times, before and after the execution of…
2Cited by3 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- State ex rel. School District v. HarterSupreme Court of Missouri · 1905
- State v. DyerSupreme Court of Iowa · 1864