Moore v. McKinley
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. Action upon a bond. The plaintiff at the time of the acts complained of was the clerk of the District and Circuit Courts of Mahaska county, and the defendant, D. H. Le Suer, was his deputy, and one Rhinehart was surety ujion Le Suer’s bond. Rhinehart has since died testate, and the defendants, John M. McKinley and J. W. Smith, are executors of his will.
Read the full summary
Appeal from Mahaska Circuit Court. Action upon a bond. The plaintiff at the time of the acts complained of was the clerk of the District and Circuit Courts of Mahaska county, and the defendant, D. H. Le Suer, was his deputy, and one Rhinehart was surety ujion Le Suer’s bond. Rhinehart has since died testate, and the defendants, John M. McKinley and J. W. Smith, are executors of his will. The plaintiff alleges that La Suer acting as deputy clerk approved a stay bond, whereby execution was stayed upon a judgment obtained by one Sellew against one Henry Myers & Co.; that in approving the stay…
1Opinion of the CourtAdams, J.
„ 1. STATUTE Of aoHonon18: tond^ynegu-s proving1 stay bond' I. The appellants pleaded among other things the statute of limitations. They insist that the evidence shows that the cause of action, if any, accrued ' •' 7 morethan three years prior to the commencement the acbi°n, and is therefore barred. Whether a cause ■ of action accrued to the plaintiff before he paid Sellew, we need not determine. It *369is certain that a cause of action did not accrue to him until a cause of action accrued against him, and if a cause of action did not accrue against him until within three years prior to the…
2Cases cited7 opinions
- Case v. PlatoSupreme Court of Iowa · 1880
- Sheppard & Morgan v. CollinsSupreme Court of Iowa · 1862
- McCrary v. DemingSupreme Court of Iowa · 1874
- Skellinger v. YendesNew York Supreme Court · 1834
- Finn & Co. v. RoseSupreme Court of Iowa · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Berry v. BrunsonSupreme Court of Georgia · 1928
- Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
- State ex rel. School District v. HarterSupreme Court of Missouri · 1905
- Clayton v. DinwoodeyUtah Supreme Court · 1908
21 more not listed; retrieve them via the Exa API.