Ward v. Adams

Opinion op the Court by

Judge Stites

Dismissing appeal.

Appellant brought this suit on behalf of himself and all other taxpayers of Johnson county to recover the sum of $341.81 for the benefit of the county, which, it is alleged, was wrongfully paid to the appellee by order of the Johnson county fiscal court as a commission for collecting taxes improperly levied. Ward v. Adams, 258 Ky. 721, 81 S. W. (2d) 574. The petition failed to allege that any demand had been made on the proper public officials to bring the suit or that any circumstances existed showing that such a demand would be futile.…