Roche v. County of Spokane

The opinion of the court was delivered by

Dunbar, J.

This is an action brought by the assignee of judgment debtors to recover a surplus received by the sheriff of the county of Spokane on execution sales, paid by him to said Spokane county and appropriated by the county to its own use. A general demurrer was interposed to the plaintiff’s complaint on the ground that the same did not state facts sufficient to constitute a cause of action. This demurrer was overruled, and subsequently the defendant answered, pleading in the answer the statute of limitations. Motion was made to strike the said…