Hemphill County v. Rathjen

COLLINGS, Justice.

Hemphill County brought suit on May 19, 1964 against Harry Rathjen seeking to recover money alleged to have been wrongfully withheld by defendant when he terminated his position as tax assessor and collector for the county. The defendant pleaded the two year statute of limitation and filed a motion for summary judgment. The court sustained the defendant’s plea of limitation and dismissed the suit. Hemphill County has appealed urging one point contending that the court erred in sustaining defendant’s plea of limitation and in dismissing the suit.

The cause of action of…