Shannon, Aud. of Pub. Accts. v. Ray, Com'r

Opinion of the Court by

Judge Perry

Affirming.

On July 26, 1938, Joseph Bouteiller filed an action in the Franklin circuit court, on behalf of himself and others similarly situated, against the appellee, Charles T. Ray, master commissioner of the Jefferson circuit court; his surety, National Surety Corporation; and E. E. Shannon, Auditor of Public Accounts of the Commonwealth of Kentucky.

In that action, ultimately determined by this court adversely to the plaintiff (Com., for Use and Benefit of Bouteiller v. Ray, 275 Ky. 758, 122 S. W. (2d) 750), Bouteiller claimed that Ray and his predecessors,…