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2 Wilson 21

Link v. Murphy

Court of Appeals of Texas

Decided October 13, 1883

Court of Appeals of Texas · decided 1883-10-13

<p>Appeal from Anderson County.</p>

Relies on Mayor of Galveston v. Menard · People v. Clarke · Coleman v. Thurmond

Decided 1883-10-13

¶1Opinion by

Hurt, J.

¶2§ 13. Limitation; action on bond to recover hire of county convict, barred when. Suit on bond to recover hire of a county convict. [R. S. articles 1876, 3604.] Under the provisions of the bond, the last payment became due on the 18th of May, 1878, and more than four years had elapsed from that date before the institution of this suit. Defendants pleaded the statute of limitation of four years, which was sustained and the suit was dismissed. Held, that in actions-like this, the maxim nullum tempus occurrit regi does' not apply in favor of a county, and that this suit was barred by the statute of *22limitation of four years. The case of Coleman v. Thurmond, 56 Tex. 514, is cited, and distinguished from the case at bar. [Galveston v. Menard, 23 Tex. 408; 10 Barb. 155; Angell on Highways, § 324; Armstrong v. Dalton, 4 Dev. (N. C.) 568; 8 Ohio, 258; 9 Shep. (Me.) 445; 2 Dillon Munic. Corp. §§ 637-668.]

October 13, 1883.

¶3Affirmed.

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