
    Stephen Naeher v. The Board of County Commissioners of the County of Leavenworth.
    No. 15,054.
    (92 Pac. 1135.)
    Error from Leavenworth district court; James H. Gillpatrick, judge.
    Opinion filed October 5, 1907.
    Reversed.
    
      John T. O’Keefe, and E. B. Baker, for plaintiff in error.
    
      Lee Bond, county attorney, for defendant in error.
   Per Curiam:

This case involves the question whether a county attorney may maintain an action in the name of the board of county commissioners to recover fees alleged to have been paid to a former county officer in excess of those authorized by law. The question was determined in Kerby v. Clay County, 71 Kan. 683, 81 Pac. 503, and following the rule in that case the judg-' ment of the district court is reversed.  