(DOWNLOAD) "Lincoln County v. Fidelity and Deposit" by Supreme Court Of Idaho * eBook PDF Kindle ePub Free
eBook details
- Title: Lincoln County v. Fidelity and Deposit
- Author : Supreme Court Of Idaho
- Release Date : January 12, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The single issue on this appeal is whether the action is barred by the statute of limitations. Defendant-appellant, Fidelity and Deposit Company of Maryland, issued performance bonds in increments of two years covering Myron Johnson, the treasurer and tax collector of Lincoln County during his terms of office (two years) from 1941 to 1971.[Footnote 1] Johnson left office in 1977 when it was discovered he had misappropriated funds and failed to collect delinquent taxes. Lincoln County brought action on the bonds. Fidelity and Deposit Company filed an I.R.C.P. 12(b)(6) motion to dismiss, or in the alternative for summary judgment, on the basis that the action was barred by the statute of limitations. The district court issued an order denying such motion and filed its certificate indicating that the issue presented a controlling question of law and the Supreme Court review of the otherwise unappealable denial of the motion would obviate lengthy and expensive litigation. This Court agreed and issued its order permitting appeal by certification. See I.A.R. 12(a). We reverse.