20 Wash. 126 | Wash. | 1898
The opinion of the court was delivered by
The plaintiff brought this action to recover from the county upon a number of assigned claims for money paid into its treasury by the sheriff, the same having been, demanded and received as a commission on sales which, under the subsequent ruling of this court in Soderberg v. King Bounty, 15 Wash. 194 (45 Pac. 785, 55 Am. St. Rep. 878), were not lawful charges. The court sustained a demurrer to each cause of action pleaded, except the second, and, as to that, awarded the plaintiff judgment, and both parties have appealed.
The demurrer was sustained as to the causes of action other than the second, upon the ground that the statute of limitations had -run against them. The plaintiff contends that the statute would not run from the time the money
As to the second cause of action, the sale was made upon a judgment for something over $3,000, and the sum realized was $500, of which $490 was credited upon the judgment and $10 applied as a commission. The plaintiff’s right of action here is based upon an assignment from the plaintiffs having the judgment in that action; and we are of the opinion that they had nothing to assign, for, if the $10 was wrongly applied, it should have been
As to plaintiff’s appeal the judgment is affirmed. As to the defendant’s appeal it is reversed, and the cause remanded accordingly.
Keavis, Anders and Gordon, JJ., concur.
Dunbar, J., not sitting.