Tom Snyder & Wendell K. Nash v. Morris R‪.‬

HALL, Chief Justice: Plaintiffs Tom Snyder and Wendell K. Nash filed this action on behalf of themselves as taxpayers and all other taxpayers of Uintah County. Plaintiffs' complaint alleged that Arden W. Stewart, the sheriff of Uintah County, had hired deputy sheriffs without following the procedures required for such hiring pursuant to U.C.A., 1953, 17-30-2 (Supp. 1983). Plaintiffs requested the district court to issue an injunction restraining the clerk-auditor from approving the salary claims of the allegedly illegally hired deputy sheriffs. Plaintiffs also asked for a judgment against Cook and Stewart, as individuals, and against their bonding company, Western Surety, for repayment of money already expended on the salaries of the deputy sheriffs. The district court dismissed plaintiffs' complaint for, among other reasons, failure to post an undertaking pursuant to U.C.A., 1953, 78-11-10, and because any action for money illegally expended by a county official must be undertaken as provided in U.C.A., 1953, 17-5-12. We affirm.