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Wetmore v. Monona County

Wetmore v. Monona Cnty., 34 N.W. 751 (Iowa 1887)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
October 22, 1887
Judges
Adams
Citations
34 N.W. 75173 Iowa 88
Headnotes
!• Statute of Limitations: when it begins to run: warrant on special fund. The statute of limitations does not begin to run against a warrant payable out of the swamp land fund of a county not otherwise appropriated, until the fund out of which it is made payable comes into existence.
Summary
Appeal from Monona District Court. Action upon a swamp-land warrant executed in 1866. The defendant demurred to the petition, on the ground that plaintiff’s cause of action appeared to be barred by the statute of limitations. The demurrer was sustained. The plaintiff electing to stand upon his petition, judgment was rendered against him for costs. He appeals. ■

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Adams

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Adams, Ch. J.

The warrant sued on is in these words: “ $324. State of Iowa, Monona Co.

“The treasurer of said county will pay to J. E. Morrison *89 or bearer the sum of three hundred and twenty-four dollars out of any swamp-land money not otherwise appropriated.

“ Given under my hand and the seal of said county, at my office in Onawa, this 29th day of December, 1886.

[Seal.] “ Timothy Elliott, County Clerk.”

The plaintiff averred that at no time since the execution and delivery of the warrant was there any swamp-land money in the defendant’s treasury, not otherwise appropriated, until January 1, 1878.

The question raised by the demurrer to the petition is as to whether the plaintiff’s cause of action accrued earlier than January 1, 1878. In our opinion' it did not. The warrant was made payable out of' a special fund, and the defendant was not liable to an action on the warrant until the fund out of which it was made payable came into existence. "We think that the demurrer was improperly sustained.

Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1900: 11901: 11908: 11910: 11915: 11921: 21928: 21933: 21934: 119002026peak 1921 · 2

Relies on it most ⓘ

  1. Littlefield v. City of Shreveport87 So. 714 (La. 1921)
  2. Little v. Emmett Irrigation District263 P. 40 (Idaho 1928)
  3. Stockholders Investment Co. v. Town of Brooklyn216 N.W. 826 (Iowa 1933)
  4. J. H. Tillman Co. v. City of Seaside25 P.2d 917 (Or. 1933)
  5. Stewart v. Custer County84 N.W. 764 (S.D. 1900)
  6. County of Burleigh v. County of Kidder125 N.W. 1063 (N.D. 1910)

Most recent

  1. Lenehan v. Drainage District No. 71258 N.W. 91 (Iowa 1934)
  2. J. H. Tillman Co. v. City of Seaside25 P.2d 917 (Or. 1933)
  3. Stockholders Investment Co. v. Town of Brooklyn216 N.W. 826 (Iowa 1933)
  4. Sappington v. Board of Com'rs of Jefferson County1928 OK 655, 273 P. 274
  5. Little v. Emmett Irrigation District263 P. 40 (Idaho 1928)
  6. Hardwicke v. Wymore235 S.W. 171 (Mo. Ct. App. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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