Opinion
No. 23558.
March 26, 1935.
(Syllabus.)
1. Counties — Exclusive Authority of Board of County Commissioners to Commence Suit Against Delinquent Officers.
The sole and exclusive power to commence a suit against a delinquent officer under section 7686, O. S. 1931, is vested in the board of county commissioners.
2. Same — Taxpayer Held not Proper Party Plaintiff.
In an action instituted by the board of county commissioners against a delinquent county official and the surety upon his official bond for illegal expenditure of county funds, a taxpayer of the county is neither a necessary nor proper party plaintiff in such action.
Appeal from District Court, Adair County; W.A. Woodruff, Judge.
Action by State of Oklahoma on relation of C. W. Waters et al. against E.H. Wood and the Federal Surety Company. From judgment striking names of certain parties plaintiff from petition, said parties plaintiff appeal. Affirmed.
Joseph R. Brown, James B. McDonough, A.F. Smith, and F.H. Moore, for plaintiffs in error.
Pete Helton and W.A. Scofield, for defendants in error.
This is a companion case to John H. Leeper et al. v. State of Oklahoma on relation of C. W. Waters et al., being the Board of County Commissioners of Adair County, Okla., et al., 171 Okla. 235, 42 P.2d 821. The same questions of law are involved herein as in that case, and upon the authority of that case, the judgment of the trial court is affirmed.
McNEILL, C. J., and RILEY, BUSBY, and PHELPS, JJ., concur.