Schultz v. Board of Commissioners

The claim of the appellant is-set forth in various forms in his complaint, but it is evident that, although stated in different forms, there is only one claim, and that is for money overpaid by him as county treasurer.

It is quite clear that as to those paragraphs of the complaint which state an ordinary claim not evidenced by a writing, the plea of the six years statute of limitations is a complete bar. It is not necessary to cite authorities in support of the proposition that the statute may be pleaded by any one against whom an ordinary claim, not evidenced by a written instrument, is urged.