Weir v. Silver Bow County

Mr. Justice Morris :

I dissent. It was specifically stated in the recital of facts upon which the judgment was grounded that “It was further agreed by all of the said parties that the statute of limitation has not run against any or all of said claims.” Public officials are trustees of all the people and have no power to waive the statutes of limitations. Even if the county board allow and pay an illegal claim, the county attorney is compelled by statute to recover the amount paid.

Section 4821, Revised Codes, provides: “If the board of county commissioners, without authority of law, order any…