Canyon County ex rel. Griffiths v. Moore
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover from appellant Moore and his surety moneys collected by him as assessor and tax collector and not paid over to the county. Judgment for .plaintiff, and defendant appeals.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover from appellant Moore and his surety moneys collected by him as assessor and tax collector and not paid over to the county. Judgment for .plaintiff, and defendant appeals. An action against a public officer for misfeasance or malfeasance in office by failure to pay over to the parties entitled thereto money coming into his hands, as required by law, is a liability created by statute and is barred by the statute of limitations, limiting the time in which action may be…
1Dissent
BUDGE, J.,
Dissenting. — Counsel for appellants contend that the legislature, having classified actions as to the period of limitations applicable thereto, the court has no power to read into the statute exceptions which have not been embodied therein by the legislature.
The position of assessor and ex-officio tax collector is a public office created by law. The duties, obligations and liability of such officer are defined by statute. (Gallatin Co. v. United States Fidelity etc. Co., 50 Mont. 55, 144 Pac. 1085; Calaveras County v. Poe, 167 Cal. 519, 140 Pac. 23; People ex rel. Dunn v. Van Ness,…
2Cases cited36 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- Lewey v. H. C. Fricke Coke Co.Supreme Court of Pennsylvania · 1895
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Lataillade v. OreñaCalifornia Supreme Court · 1891
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