Mount v. Lakeman

Decided December 15, 1871

Reserved in the district court. Two cases are considered together. The original actions were these: One for the recovery of money claimed to be due the defendant in error, as part of the school fund of Mill-creek Township — amount claimed $3,783.12, with interest from April 14, 1858. The other action was for the recovery of money claimed to be due the defendant in error, as part of the funds of Millcreek Township — amount claimed $3,391.96, with interest from April, 14 1858.

Decided 1871-12-15

By the Court :

¶1The common pleas erred in overruling the demurrers to the petitions, and in entering judgment.

¶21. The actions were not on the official bond of Mount as treasurer of the township, but were for money had and received by the defendant’s intestate. The limitation applicable to the causes of action stated in the petitions was that of six years, as provided in section 14 of the civil code, and not that of ten years, as provided in section 17 or section 18. The petitions showed that the six years’ limitation had taken effect.

¶32. The actions not'being on the official bond of the treasurer, the township clerk was not the proper party plaintiff, (S. & C. 1356, sec. 27,) although the trustees of the township ordered him to sue for and collect the money.

¶4Judgments reversed.