Bradford v. McCormick
Supreme Court of Iowa
Appeal from Franklin Circuit Court. The defendant McCormick was elected and qualified as justice of tlie peace. The other defendants are sureties on his official bond, on which this action was brought to recover money collected by him as such justice on a judgment upon his docket.
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Appeal from Franklin Circuit Court. The defendant McCormick was elected and qualified as justice of tlie peace. The other defendants are sureties on his official bond, on which this action was brought to recover money collected by him as such justice on a judgment upon his docket. The money was received by the justice on the twenty-fourth day of January, 1882, and this action was commenced on the sixth day of July, 1885, and the term of office of the justice expired on the first day of January, 1883. The petition states that McCormick “fraudulently concealed the fact from the plaintiff that…
1Opinion of the CourtSeevers, J.
It is insisted by counsel for the appellees that a right of action accrued upon the payment of’ the money to the justice, and, as more than three years had elapsed when the action was commenced, it is therefore barred under section 2529 of the Code. Counsel for the plain tiff concede that the action is barred under that section, unless it appears that the justice fraudulently concealed from the plaintiff the fact that the money had been received. Counsel for the appellant further concede that the action is not saved by Code, § 2530, but that the rule contended for exists independent of the…
2Cases cited3 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Charles v. HoskinsSupreme Court of Iowa · 1863
- Findley v. StewartSupreme Court of Iowa · 1877
3Cited by24 opinions
- Hyman v. Hibernia Bank & Trust Co.Supreme Court of Louisiana · 1916
- Faust v. HosfordSupreme Court of Iowa · 1903
- Ogg v. RobbSupreme Court of Iowa · 1917
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- Farmers' State Bank of Ada v. KeenSupreme Court of Oklahoma · 1917
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