Daily v. Smith's Adm'x.

Opinion of the Court by

Stanley, Commissioner

Affirming.

This is a consolidated suit by a taxpayer and patron of the city’s electric and water plants for the use and benefit of the City of Owensboro to recover $163,227.05 of the Mayor and Commissioners in office during 1938 for the diversion of the proceeds of an issue of revenue bonds. Judgment was also asked against the sureties on their respective official bonds to the amount thereof. One of the defendants, Harry C. Smith, having died while the action was pending, the administrator of his.estate was substituted. The defendants made their…