Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-10-26
Sheriff Billings Shortage.

county officials IN past tahsactioli'
with the county, found during the last
summer that William Billings, present
Sheriff, in 1881 and 1882, had failed to
pay over the full amount OF county
moneys collected by him as Sheriff
and thereafter called upon him to
make good shortages on those years
as follows: In 1881, three hundred
and seventy-fve and 4-1OO dollars, and
in 1882. two hundred and thirty dol |
lars, aggregating six hundred and two
and 4-IOO dollars. To this modest re-
quest Mr.. Billings interposed objection
for payment, claiming that he had of
sets against the county for more than
than the amount claimed, and as the
matter of his shortage began to be
bruited on the street, he was industrl-
Gus in the circulation OF reports that
he held offsets far in excess of the
amount claimed against the county.
On May 80, 1888, the District At
torney, acting for the county, COM
menced suit in the District Court
against Billings for the amount of
such shortage, and as shown by the
Court records, alleged in his com
plant as follows:
"That William Billings, the defend
ant, from the first Monday Of January,
1881, until the first Monday of January,
1888, was the regularly elected, quail
fed and acting Sheriff and collector Of
delinquent taxes in and for the county
of Thurston; that on or about the said
first Monday of January, 1881, as such
collector of taxes, he, the defendant,
received the duplicate tax-roll, and
thereafter and until the first day of
!, May, of said year, collected large
amount of taxes of said county as
aforesaid, viz: The same, including
penalties, interest, costs of sale, etc.
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 lie was entitled, he
was indebted to the plaintiff in the
, full sum of $372.O4 for the delinquent
taxes collected from the first Monday
of January, 1882, till May l, 1882, and
which he failed, and does continue tC
fail and refuse to pay over to said
, county,"
Again, as 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 credit.
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 te
fail and refuse to pay over to sale
plaintiff"
Such was the gist of the complaint
served upon Mr.. Billings, as Sheriff O.
ThurstOn county, on May 20, 1888
and which he was called upon to an
swer.
As is well known to those CONVEX
san. with the law, three defenses car
be made to o suit on account for mon
eys due: First, A denial of the deb
claimed; I'd, An admittance of thu
. amount due, but plea of a counter
, claim in an amount equal or in excess
of the amount claimed; Sd, An ad
mission that such debt once existed
but further plea that the suit has moi
been commenced within the time re
+ quired by law, being a plea of the stat
: ute of limitations, commonly called
2 the Baby Act"
9 Notwithstanding Sheriff Billing'l
!; statements and reiterations that thu
: county was indebted to him in exces,
t of the amount he owed it, We furthe
find that on June 81, 1888, the onl,
|, answer he makes to the county's com
y plant was q demurrer, filed that day
g in which he says: "Comes now tn,
h defendant, William Billings and de
h murs to the complaint herein filed OF
IS the ground that the cause OF actor
t stated in the complaint is barred b,
IS the statute of limitations" In othe
y words, a demurrer, as defined by thu
: law, is plea which admits the trutl
It Of all the facts stated in the complaint
'. but at the same time raises legal de
e Tense to the sufficiency of these fact
q to warrant judgment against thu
q party. As in this case, the defens'
d being the statute of limitations.
3. The statute of limitations of thi
d Territory. as applicable to Sheriff Bill
e lings' case, is as follows: Code, Sec
: %, Actions can only be commenced
within the periods herein prescribed
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
IS: 1.-THE limitations prescribed in THU
act shall apply to actions brought il
the name of the Territory or any
' county in the same man
. ner as to action by private parties"
The case came on for hearing be
!. fore Judge Allyn, at his chambers, in
Tacoma, last week, when the Cour,
held, that Notwithstanding Sheriff
Billings had admitted that he was in
, debted to Tburston county in the sum
OF six hundred and two and 4-lOC
dollars, still as the county had failed
to bring suit within six years from
the time the amount became due, il
could not now recover.
So ends the suit of the county
against Billings. for six hundred dol.