State Ex Rel. Board of Education v. Gibson

Whether plaintiff is barred by Section 11222, General Code, from maintaining this action is the issue presented for our determination.

Section 11222, General Code, provides: “An action upon a contract not in writing, express or implied, or upon a liability created by statute other than a forfeiture or penalty, shall be brought within six years after the cause thereof accrued.”

That a state is immune from the operation of the statute of limitations is universally recognized. The ancient maxim nullum tempus occurrit regi (no time runs against the crown) still prevails. This immunity is an…