Upton v. Whitley County

Opinion of the Court by

Judge Cammack

Reversing.

This is an action brought by a taxpayer on behalf of Whitley County to recover certain sums allegedly paid illegally to its county attorney, the appellant herein.

The petition set forth the payments to the county attorney and the alleged grounds of their illegality and further stated that no demand had been made upon the fiscal court to act prior to the institution of this suit for the reason that the demand would have been futile, due to the fact that a majority of the members thereof were opposed to the institution of an action of this nature.

The…