Clark v. George

*668The opinion of the court was delivered by

Mason, J.:

Six taxpayers of Labette county brought this action against the publisher who printed the ballots for a general election (other defendants being joined) to recover, for the benefit of the county, an amount it had paid to him on that account in excess of the legal charge, no fraud or willful misconduct on the part of the commissioners being charged, however. Judgment was rendered in favor of the plaintiffs, and the defendants appeal.

The right of the plaintiffs to maintain the action is asserted upon the ground that the commissioners, upon whom…