Legal Opinion

Keokuk County v. Howard

Supreme Court of Iowa

Decided June 15, 1875PublishedCited by 5 opinions

Appeal from Keokuk District Court. Action to recover moneys received and appropriated to Ms own use by defendant, wMle acting as treasurer of plaintiff. The petition shows that the collection and appropriation of the county moneys by defendant was more than three years prior to the commencement of this action. • A demurrer to the petition on the ground that it shows the action to be barred by the statute of limitations, was sustained. Plaintiff appeals.

1Opinion of the Court

Beck, J. —

The statute of limitation provides that actions shall be prosecuted within three years and not after, “ against a sheriff or other public officer, growing out of a liability incurred by the doing of an act in an official capacity, or by the omission of an official duty, including the non-payment of money collected on execution.” Code, § 2529, ¶ 3.

1. statute of limitations: action against a on siontreasurer. This court has held that an action against a defaulting county treasurer. and his sureties, brought phis official bond, is barred, under this provi, three years alter the cause…

2Cases cited2 opinions

  1. State v. HendersonSupreme Court of Iowa · 1875
  2. State v. DyerSupreme Court of Iowa · 1864

3Cited by5 opinions

  1. State ex rel. School District v. HarterSupreme Court of Missouri · 1905
  2. Baie v. RookSupreme Court of Iowa · 1937
  3. Jaeger Manufacturing Co. v. Maryland Casualty Co.Supreme Court of Iowa · 1941
  4. Polk County v. RoeSupreme Court of Iowa · 1914
  5. Sac County v. HobbsSupreme Court of Iowa · 1887

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