Heffleman v. Pennington County
South Dakota Supreme Court
Appeal from circuit; court, Pennington county. Hon. John W. Nowlin, Judge. Action to recover on county warrants. Defendant answering denied the allegation of ownership and pleaded the statute of limitations. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. . • The statute of limitations applies to counties as well as individuals. Wood, Limit.
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Appeal from circuit; court, Pennington county. Hon. John W. Nowlin, Judge. Action to recover on county warrants. Defendant answering denied the allegation of ownership and pleaded the statute of limitations. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. . • The statute of limitations applies to counties as well as individuals. Wood, Limit. Act. § 53; Baker v. Johnson, 33 Iowa, 151; City v. Church, 8 Ohio, 298; City v. Evans, 5 Ohio St. 594; Pimental v. San Francisco, 21 Cal. 367; St. Charles v. Powell, 22 Mo. 525; Evans v. Erie Co., 66 Pa. 222; Lancaster v.…
1Opinion of the CourtKellam, P. J.
This action was brought by respondent, as plaintiff, in July, 1890, on three several county warrants, in the usual form, dated and purporting to have been issued by appellant county in 1878. Each was indorsed, “Not paid for want of funds.” and “Registered for payment,” etc.; the indorsements being signed *164by tbe county treasurer, and bearing date shortly subsequent to tbe dates of tbe warrants respectively. Tbe complaint alleged that each of said warrants was sold, assigned, and transferred to respondent by tbe respective payees thereof before tbe commencement of tbe action. Tbe county denied…
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