— This action originated before the Board of Commissioners of the County of Huntington and is based upon an act of the legislature, approved March 6, 1911 (Acts 1911 p. 625). In pursuance to the act the county council of the county made an appropriation and on December 30, 1912, the board of commissioners allowed the claim in the sum of $12,000 as authorized by the act. Within thirty days from said date, appellant filed an affidavit alleging that he was a taxpayer of the county and as such was interested in said allowance and also filed his bond in the sum of $3,000 and prayed an appeal to the circuit court. In the circuit court the appellee, Beaver, appeared and filed his motion to dismiss the appeal. This motion was, by the court, sustained and on April 17, 1913, judgment dismissing the cause was rendered with costs against appellant. Exceptions were reserved to this action of the court and an appeal prayed to this court.
The bond was fixed at $3,000 and thirty days given to file the same. No bond was filed by appellant, but on June 3, 1913, appellant served notice upon appellee Beaver, and the clerk of the circuit court of his intention to appeal and within sixty days thereafter filed the transcript of the cause in this court, where he seeks to question the constitutionality of the act. No notice was served upon the board of eommis
Note. — Reported in 108 N. E. 231. As to effect of judgments against officers, see 105 Am. St. 204. See, also, 2 Cyc. 785.