State ex rel. Gage Cnty. v. King
| Decision Date | 09 March 1892 |
| Citation | 51 N.W. 754,34 Neb. 196 |
| Parties | STATE EX REL. GAGE COUNTY v. KING. |
| Court | Nebraska Supreme Court |
A proceeding by mandamus is barred by the statute of limitations at the expiration of four years from the time the right to the writ accrued.
Error to district court, Gage county; APPELGET, Judge.
Petition of Gage county for a writ of mandamus to compel King to pay a certain sum of money into the treasury of the county. On demurrer to the petition the action was dismissed. Petitioner brings error. Affirmed.Hugh J. Dobbs, for plaintiff in error.
Griggs, Rinaker & Bibb, for defendant in error.
The relator, on the 6th day of October, 1890, filed its petition in the district court of Gage county for a writ of mandamus to compel the respondent to pay into the treasury of said county the sum of $1,129.50, alleged to be due from the respondent as the former treasurer of said county. The petition alleges, in substance, that the defendant was the duly elected, qualified, and acting treasurer of said county from January 5, 1882, until January 6, 1886; that as such treasurer he collected and retained the above sum in excess of the salary of said office, and in excess of payments made by him for the services of deputies and assistants, and of all payments made by him into the county treasury of said county on account of said office; and that the respondent has at all times refused and neglected, and does now neglect and refuse, to pay said sum, or any portion thereof, into the treasury of said county. The respondent demurred to the petition on the following grounds: (1) That said petition does not state facts sufficient to constitute a cause of action; (2) that it appears on the face of relator's petition that the alleged causes of action therein set forth did not accrue within four years from the time of the commencement of this action, and are barred by the statute of limitations. The demurrer was sustained, and, the relator electing to stand upon the petition, the action was dismissed.
It was the duty of the respondent, immediately upon the expiration of his term of office, to pay over to his successor in office all moneys then in his hands belonging to Gage county; and upon his failure so to do a cause of action accrued in favor of the county. It will be observed that the petition was filed in the court below more than four years after the expiration of the respondent's term of office, and after the accruing...
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