Placer County v. Dickerson
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Placer. This was an action commenced February 9th, 1872, against Dickerson, former Treasurer of Placer County, as principal, and the other defendants as sureties on his official bond. The complaint averred that the conditions of the bond had been broken by the failure of Dickerson to pay over to his successor public money which he had received as Treasurer.
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Appeal from the District Court of the Fourteenth Judicial District, County of Placer. This was an action commenced February 9th, 1872, against Dickerson, former Treasurer of Placer County, as principal, and the other defendants as sureties on his official bond. The complaint averred that the conditions of the bond had been broken by the failure of Dickerson to pay over to his successor public money which he had received as Treasurer. The plaintiff recovered judgment in the Court below and the sureties appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
Two points are made in argument by the appellants:
1. It is claimed that the action is barred by the Statute of Limitations. The action is brought upon the official bond of the defendant Dickerson, who was from the first Monday of March, 1866, to the first Monday (the second day) of March, 1868, County Treasurer of Placer County. It is said that this action is “upon a liability created by statute,” and is, therefore, within the bar of the third subdivision of the seventeenth section of the Statute of Limitations. (Hit. Gen. Laws, Sec. 4859.) But this position cannot be maintained.…
2Cited by21 opinions
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
- Hartford Accident & Indemnity Co. v. City of TulareCalifornia Supreme Court · 1947
- County of King v. FerryWashington Supreme Court · 1893
- Baker City v. MurphyOregon Supreme Court · 1895
- Oregon v. DavisOregon Supreme Court · 1903
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