HOLT, Justice.
December 1, 1948, appellee, Burnett, a resident and taxpayer of Clinton, on behalf of himself and other parties similarly interested, brought this action alleging that appellant, Sitton, "between May, 1946, and April, 1948, while serving said city as marshall, de facto, was paid by the disbursing officer of said city, the sum of $3,000.00, $1,000.00 of which was in excess of the salary at which he had been employed, out of the funds collected as taxes...
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