County of Ada v. Ellis

Citations

• 5 Idaho 333
• 48 P. 1071
• 1897 Ida. LEXIS 24

Syllabus

<p>Official Bon'd — Liability of Sdbeties — Statute of Limitations.— The liability of sureties on an official bond is a statutory liability, and action upon such liability is barred in three years.</p> <p>Same — Civil Procedure. — -Where the official bond of a collector obligated him to “well, truly and faithfully perform and discharge all the duties required of him by law as collector aforesaid, and shall pay over to the proper authority all money that shall come into his hands as collector, in pursuance of the statutes in such case made and provided,” an action will not lie against the sureties of such officer to recover money wrongfully and illegally paid to him by the board of commissioners after the expiration of his term of office, the receipt of such money by the collector not being an official act for which the sureties are responsible.</p> <p>(Syllabus by the court.)</p>