Yates v. Helstern

The cause of action appearing from the pleadings is to recover for the county money now in the hands of the defendant Helstern. The question to1 be decided on this appeal is whether an action can be maintained at the behest of a taxpayer without authorization by the county board of supervisors for and on behalf of the county, against one who claims tO' have the right to certain moneys in his possession where the county board is so constituted that demand on it for action would be futile.

This action was begun June 14, 1939. There were no formal proceedings on any resolution referring directly…