“ When a demand or claim against a county is presented to the commissioners for settlement, they hear the proofs, and determine whether it is one which the county is bound to pay, and the amount due thereon. ”

“ The record as printed does not show when the suit was begun, but it is stated in the brief of the counsel for the county to have been November 10, 1885. This was about seven years after the warrants were indorsed, 'Not paid for want of funds.' According to the rule established in Brewer v. Otoe Co., the cause of action did not accrue when the payment was refused, 'but only when the money for its payment is collected, or time sufficient for the collection of the money has elapsed.' We cannot say, as matter of law, that this was more than five years before the commencement of the action. ”

“ It follows that the court erred in overruling the demurrer to the answer, and for that reason the judgment is reversed, and the cause remanded for further proceedings not inconsistent with this opinion.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”