An officer or person who has presented a claim against the State:
1. For services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law; or
2. For refund of an overpayment,
Ê which claim the State Board of Examiners or the State Controller has refused to allow, in whole or in part, may commence an action in any court having jurisdiction of the amount, for the recovery of such portion of the claim as has been rejected. In such action, the State of Nevada must be named as defendant, and the summons must be served upon the State Controller, and the action must proceed as other civil actions to final judgment.