57 Iowa 235 | Iowa | 1881
The facts of the case are not in dispute, and are as follows:
“A township clerk having duly paid an order drawn on him by the township trustees, and failing to receive credit for the same at his annual settlement by said order having been mislaid, and afterward duly presenting the same to the said trustees and asking provision for its payment, when does the statute of limitations commence to run in a suit of this character?”
The third subdivision of section 2529, of the Code, limits to three years, all actions against a sheriff or other public officer growing out of a liability incurred by the doing of an act in an official capacity, or by the omission of an official duty. * * * * When the order was paid by the plaintiff, he had a valid claim against the township, which it was the duty of the trustees to audit and pay. Reimbursement could have been enforced at any time after the order was paid. At the first settlement it was clearly the duty of the trustees to audit and allow the claim. Failing in this, they were then liable to an action for the “omission of an official duty.” It was their duty in settling the affairs of the township to see that provision was made for the adjustment and payment of all valid' claims, and not leave debts unprovided for, and not audited and allowed. We are clearly of the opin
Affirmed.