60 P. 202 | Or. | 1900
delivered the opinion.
This is an action instituted October 15, 1897, by the plaintiff county against its former sheriff and the sureties upon his undertaking for the faithful performance of his duties as tax collector, and for the payment to the county treasurer of all moneys collected by him in such capacity. The funds for which recovery is sought were collected between March 28, 1893, and August 1 of the same year. The .case comes here on demurrer to the complaint, based upon the single ground “that the action has not been commenced within the time limited by the Code of Civil Procedure, as appears upon the face of said complaint, to wit, within three years from the time the alleged cause of action arose. ’ ’ The court below held that the demurrer was not well taken, and, judgment being rendered for plaintiff, the defendants appeal.
Affirmed.