Sec 11-642. Action by taxpayer to recover money illegally paid

If a county attorney fails for twenty days after written request made by a taxpayer of the county to institute an action as provided in section 11-641, then any taxpayer of the county may bring the action in his own name and at his own cost, with the same effect as if brought by the county attorney. The person instituting the action shall execute a bond with two or more sureties, made payable to the defendant conditioned that if the plaintiff fails to prosecute the action with diligence and to effect, that the plaintiff will pay all damages sustained by the defendant by reason of the action and all costs incurred therein. If the taxpayer prevails in the action the court shall allow the taxpayer costs and a reasonable attorney fee not to exceed forty per cent of the amount recovered or saved to the county.