Bannock County v. Bell
Idaho Supreme Court · 1901-06-25 · cited 23×
The case concerned whether Bannock County could recover public funds from a former public officer who had received and retained them, or whether the statute of limitations barred the action. The majority opinion concluded that the limitations period applied to the county and therefore prevented recovery. In dissent, the justice maintained that statutes of limitations do not run against suits to enforce public rights or to recover public property held in trust by government officials, citing prior Idaho decisions such as Elmore Co. v. Alturas Co. that distinguish actions involving public duties from those involving private rights and contracts. The dissent emphasized that public officers hold such funds as fiduciaries and that the legislature did not expressly include public actions within the limitation statutes.
