District Township of Jasper v. District Township of Wheatland
Supreme Court of Iowa
Appeal from Carroll District Court. The questions presented in this case pertain to tbe sufficiency of the plaintiff’s petition. The court below sustained a motion to strike out a part, and afterward sustained a demurrer to the remainder. The plaintiff elected to stand upon its petition, and judgment was rendered for the defendant. The plaintiff appeals.
1Opinion of the CourtAdams, J.
The action was commenced on the 9th day of April, 1881. The cause of action accrued more than five years prior to that time. The court below held that it was barred by the statute of limitations. The plaintiff insists that it does not appear that the action was barred, taking the petition as it stood before the motion to strike out-a part of it was sustained, and that the court erred in striking out such *63part. The liability of the defendant is alleged to consist in the fact that it drew from the county treasurer of Carroll county certain money which belonged to the plaintiff. The principal…
2Cited by2 opinions
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