Hill v. . Stansbury

It is provided by G. S., 128-10 (formerly C. S., 3206), that the citizen and taxpayer who sues in an action like the present and recovers, “shall receive one-third part, up to the sum of five hundred dollars, of the amount recovered, to indemnify him for his services, but the amount received by the taxpayer and citizen as indemnity shall in no case exceed five hundred dollars.” In the instant case, however, the complaint alleges “the plaintiffs disclaim any right personally to participate in the proceeds of any recovery that may be had in the suit.” Hence, no provision was made in the…