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Show 1 Argument To Dismiss Heard In Case Against Ex-Auditor ground that action w automatically automatic-ally barred by the statute of limitations. limi-tations. The plaintiff is represented in the case by Attorney J. R. Robinson Robin-son assisted by M. C. Faux, claim adjuster of the surety company. A motion fo dismiss the action against Mrs. Ruth P. Farrer; who io sued by the United States Fidelity Fidel-ity and Guaranty company, was made by Martin M. Larson, defense , counsel, when the case was called up in Judge A. V. Watkins' court Monday morning. Arguments on the motion consumed con-sumed the greater part of the day and no ruling was expected until Tuesday. The case was brought to recover $5,000 on the bond of Mrs. Farrer while she was city auditor of Pro-vo. Pro-vo. The surety company settled with the city for this amount when a shortage in the city funds was reported by the special auditors. The main contention of the defense de-fense was that the plaintiff had failed to allege any act or wrongful wrong-ful conduct wherein Mrs. Farrer had specifically done other than her duty as city auditor. Counsel argued that as city auditor audi-tor she was merely a bookkeeper and not in any sense of the word a receiving or disbursing officer. The city funds, it was pointed out, are in the legal custody of the city treasure?. . As further ground for dismissing the complaint, Mr. Larson took the |
