McCarter v. Lavery

This is a proceeding by a taxpayer to remove from office a county commissioner of Dawson county “for corruption” and “for wilful maladministration” — two statutory grounds. Rev. St. 1913, sec. 5698. Approval of excessive claims against- the county and misconduct resulting in their allowance and payment are the foundations of plaintiff’s charges. From a dismissal of the proceeding after a trial on the merits, plaintiff has appealed.

The appeal will not be determined. The purpose of the proceeding is to oust defendant from office. His term has long since expired and the office is now occupied by…