Governor v. Allbright

Hemphill, Oh. J.

The only question in this case is whether the Statute of Limitations of four years will ran against a suit by the State on a Tax Collector's bond.

*754The general rule is that the State will not be bound by Statutes of Limitations unless there be provision in the Statute to that effect. In The State v. Purcell, (16 Tex. R. 305,) the late lamented Judge Lipscomb maintained with cogent reasons the conclusion that in actions brought by the State, other than those for land, the Statute should form a bar to the action. At that time I was, and still am, of opinion that sound policy…