Spokane County v. Prescott

Citations

• 19 Wash. 418
• 53 P. 661
• 1898 Wash. LEXIS 401

Syllabus

<p>OFFICIAL BONDS — ACTION ON — STATUTE OF LIMITATIONS — LEAVE OF COURT TO SUE.</p> <p>Where the duties of a public officer are prescribed by statute, and to secure their proper performance 'an official bond is given by him, such bond creates no obligation in itself, but merely operates as collateral security for the proper discharge of his official 'duties; and an action on the bond on account of a breach of official duty would not be an action on 'a written contract, and would, consequently, be barred under the 'statutory limitation of three years upon the commencement of actions “ upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument.”</p> <p>The disability to begin action upon an official bon'd, imposed by § 5686, Bal. Code, until leave of court shall be obtained therefor, would not enlarge the statute of limitations, when the plaintiff had the option at any time to obtain leave of court to bring its action, and the failure to obtain leave was due to its own delinquency.</p>