Wetmore v. Monona County
Supreme Court of Iowa
Appeal from Monona District Court. Action upon a swamp-land warrant executed in 1866. The defendant demurred to the petition, on the ground that plaintiff’s cause of action appeared to be barred by the statute of limitations. The demurrer was sustained. The plaintiff electing to stand upon his petition, judgment was rendered against him for costs. He appeals. ■
1Opinion of the Court
Adams, Ch. J.
The warrant sued on is in these words: “ $324. State of Iowa, Monona Co.
“The treasurer of said county will pay to J. E. Morrison *89or bearer the sum of three hundred and twenty-four dollars out of any swamp-land money not otherwise appropriated.
“ Given under my hand and the seal of said county, at my office in Onawa, this 29th day of December, 1886.
[Seal.] “ Timothy Elliott, County Clerk.”
The plaintiff averred that at no time since the execution and delivery of the warrant was there any swamp-land money in the defendant’s treasury, not otherwise appropriated, until January 1, 1878.
T…
2Cited by12 opinions
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- Stockholders Investment Co. v. Town of BrooklynSupreme Court of Iowa · 1933
- Rogers v. City of OmahaNebraska Supreme Court · 1908
- Bodman v. Johnson CountySupreme Court of Iowa · 1901
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