Montgomery v. Polk County

I believe the majority’s decision in this case results in an erroneous disposition of this appeal on two grounds. First, it considers the breach of duty by defendant, if any, to have occurred in January, 1977, rather than in May, 1977, when plaintiff demanded return of the bail money deposited with the clerk. Because the breach occurred in May and suit was commenced in September, the action was brought within six months of the breach and is therefore timely regardless of whether or not we apply the “discovery” rule. Second, I believe the discovery rule should be applied, making the action…