11-642. Action by taxpayer to recover money
illegally paid
If a county attorney fails for twenty days after written request made by a taxpayer
of the county to institute an action as provided in section 11-641, then any taxpayer of
the county may bring the action in his own name and at his own cost, with the same effect
as if brought by the county attorney. The person instituting the action shall execute a
bond with two or more sureties, made payable to the defendant conditioned that if the
plaintiff fails to prosecute the action with diligence and to effect, that the plaintiff
will pay all damages sustained by the defendant by reason of the action and all costs
incurred therein. If the taxpayer prevails in the action the court shall allow the
taxpayer costs and a reasonable attorney fee not to exceed forty per cent of the amount
recovered or saved to the county.
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