Griffin v. Clay County
Supreme Court of Iowa
Appeal from Clay District Court. The plaintiff was treasurer of Clay county for four successive terms, commencing on the 1st day of January, 1872, and ending on tlie 2d day of January, 1880. On the 2d day of January, 1883, lie commenced this action against the county, claiming a balance due him for salary for each year that he performed the duties of tbe office. The claim was made in the petition in the form of a bill or open account against the county.
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Appeal from Clay District Court. The plaintiff was treasurer of Clay county for four successive terms, commencing on the 1st day of January, 1872, and ending on tlie 2d day of January, 1880. On the 2d day of January, 1883, lie commenced this action against the county, claiming a balance due him for salary for each year that he performed the duties of tbe office. The claim was made in the petition in the form of a bill or open account against the county. The defendant moved that the plaintiff be required to separate his causes of action,' so that the petition would show defendant’s liability…
1Opinion of the Court
Rothrock, Ch. J.
1. Practice: division of causes of action: waiver of unity of cause. 2. Account: facts not constituting: salary of county treasurer: separate causes of action. I. The demurrer to the first, second and third counts of the petition was upon the ground that the causes of action therein set forth were barred by the statute of limitations.' It is not disputed ' ..... ,. „ .... that the limitation of five years provided by statute is applicable to the claims made, but it is claimed by appellee that these are not separate causes of action, and that the whole claim is in the nature of…
2Cited by12 opinions
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- Cedar County v. SagerSupreme Court of Iowa · 1894
- City of Council Bluffs v. WatermanSupreme Court of Iowa · 1892
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