Madison County v. Arnett

STEWART, Chief Justice.

This is an appeal from a summary judgment, ruling that Madison County’s suit to recover $30,494.37, with interest, from appellee, J. B. Arnett, a former county clerk of Madison County, which amount represents sums allegedly received by ap-pellee in excess of his annual salary and office expense, while acting as county clerk for the calendar years 1949, 1950, 1951 and 1952, was barred by the five-year statute of limitations. See 413.120(1).

Appellee held the office of Madison county clerk from January 1934 to July 1956 when he resigned to take a position with the…