Wetmore v. Monona County
Cases that cite this one
11 later published cases cite this decision.
- Lenehan v. Drainage District No. 71 (Iowa 1934)
- Stockholders Investment Co. v. Town of Brooklyn (Iowa 1933)
- J. H. Tillman Co. v. City of Seaside (Or. 1933)
- Hardwicke v. Wymore (Mo. Ct. App. 1921)
- Littlefield v. City of Shreveport (La. 1921)
- McDermott v. Alger (Mich. 1915)
- County of Burleigh v. County of Kidder (N.D. 1910)
- Stewart v. Custer County (S.D. 1900)
- Sappington v. Board of Com'rs of Jefferson County (Okla. 1928)
- Rogers v. City of Omaha (Neb. 1908)
- Bodman v. Johnson County (Iowa 1901)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The warrant sued on is in these words: “ $324. State of Iowa, Monona Co.
“The treasurer of said county will pay to J. E. Morrison
“ Given under my hand and the seal of said county, at my office in Onawa, this 29th day of December, 1886.
[Seal.] “ Timothy Elliott, County Clerk.”
The plaintiff averred that at no time since the execution and delivery of the warrant was there any swamp-land money in the defendant’s treasury, not otherwise appropriated, until January 1, 1878.
The question raised by the demurrer to the petition is as to whether the plaintiff’s cause of action accrued earlier than January 1, 1878. In our opinion' it did not. The warrant was made payable out of' a special fund, and the defendant was not liable to an action on the warrant until the fund out of which it was made payable came into existence. "We think that the demurrer was improperly sustained.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.