State Ex Rel. Mitchell v. City of Shawnee

This action is in .the nature of a common-law qui tarn action. It was instituted by S. B. Mitchell, an informer, to recover a penalty amounting to $97,-500 for the city of Shawnee as well as for himself by virtue of sections 5964 and 5965, O. S. 1931 (sections 85901 and 8591, C. O. S. 1921).

Section 5965, supra, when construed in connection with section 5964, O. S. 1931, provides, in substance, that where money has been paid out or transferred by any officer of a municipal corporation in pursuance of any fraudulent or void contract, and a written demand has been made by ten resident taxpayers…