Shipp v. Rodes

*525Opinion op the Court by

Judge Moorman —

Reversing.

These appeals involve the right of a resident and taxpayer of Fayette county to maintain an action on behalf of the county for the recovery of fees and commissions paid to and retained by the sheriff as salary, in-excess of the amount that he and his legally authorized deputies and assistants are authorized to receive under section 246 of the Constitution.

Two separate suits were brought by appellant in November, 1921, against Thomas C. Bradley, sheriff of the county for the years 1914 to 1917 inclusive, and J. W. Bodes, sheriff for the years…