Neisius v. Henry

This is a taxpayer’s suit to recover a judgment against one Henry and the United States Fidelity & Guaranty Company, his bondsman, for money paid Henry in excess of his statutory salary as chairman of the board of public works of the city of Fremont, a city of the first class. The case was previously heard by this court and an opinion written, Neisius v. Henry, 142 Neb. 29, 5 N. W. (2d) 291. In that opinion the court held that the applicable statute of limitations was ten years as provided in section 20-2Ó9, Comp. St. 1929. The correctness of this holding was challenged by *274the motions for a…