Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-11-09


and at his annual settlement with
said county, at the May term, 1881, of
the Board of County Commissioners
OF said county, the defendant attended
as such collector and after allowing all
credits to which he was entitled, he
was indebted to the plaintiff in the
full sum of $373.4 for the delinquent
taxes collected from the first Monday
of January, 1882, till May l, 1882, and
which he failed, and does continue to
fail and refuse to pay over to said
county"
Again at second cause of action
against Mr.. Billings, the complaint,
after reciting the facts above set forth
continues:
And at the annual settlement
with said county at the May term,
1882, of the Board of County Commits
sioners of said county, the defendant,
VIM. Billings attended as such collec-
tor and after allowing him all credits
to which by law he was entitled, he
was and now is indebted to the plain
tiff, as such delinquent tax collector,
in the full sum of two hundred and
thirty dollars, for delinquent taxes COL
lected from the first Monday in Janu-
airy, 1882, until May LIST, 1882, and
which he failed, and does continue to
fail and refuse to pay over to said
plaintiff"
Such was the gist of the complaint
served upon Mr.. Billings, as Sheriff of
Thurston county, on May 20, 1888,
and which he was called upon to an
swer.
As is we'll known to those CONVEX
SAINT with the law, three defenses can
be made to suit on account for mon
eys due: First, A denial of the debt
claimed; I'd, An admittance of the
amount due, but plea of counter
claim in an amount equal or in excess
of the amount claimed; Sd, An ad.
mission that such debt once existed
but a further plea that the suit has moi
been commenced within the time re-
quired by law, being plea Of the stat
ute of limitations, commonly called
the Baby Act"
Notwithstanding Sheriff Billings
statements and reiterations that the
county was indebted to him in excess
of the amount he owed it, we further
find that on June 81, 1888, the only
answer he makes to the county's com
plant was demurrer, filed that day
in which he says: Comes now thu
defendant, William Billings and de
murs to the complaint herein filed or
the ground that the cause of actor
stated in the complaint is barred b,
the statute of limitations" In othe
words, demurrer, as defined by tn,
law. is a plea which admits the trutl
of all the facts stated in the complaint
but at the same time raises legal de
tense to the sufficiency of these fact
! to warrant o judgment against tn
party. As in this case, the defens'
being the statute of limitations.
i The statute of limitations of thi
Territory, az applicable to Sheriff Bill
lings' case, is as follows: Bode, Sec
Is, Actions can only be commence,
within the periods herein prescribe,
after the cause of action has accrued.
Sec. q: Within 81.
years upon an action upon contract
express or implied arising out of
| written agreement" Sec
, 35: "The limitations prescribed in thi
act shall apply to actions brought il
the name of the Territory or an
county in the same man
ner AIS to action by private parties"
The case came on for hearing bt
fore Judge Allyn, at his chambers, i
Tacoma, last week, when the Coul
held, that Notwithstanding Sheri
, Billings had admitted that he was in
debted to Thurston county in the sur
of six hundred and two and 4-1O
dollars, still as the county had faile
to bring suit within six years fror
: the time the amount became due,
( could not now recover.
Go oudc tho emit IF tho oO,,rt