CAMMACK, Justice.
This action was instituted by Henry C. Howard as a taxpayer on behalf of the taxpayers of Harlan County against Ruby Ader, Clerk of Harlan County. The third paragraph of the petition follows:
"3. Plaintiff states that as County Court Clerk, defendant is responsible for the amounts of money she collects for the County and that she now owes the County various sums of money which she has collected and appropriated to her own use and benefit...
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