Briare v. Matthews

*65This is an action prosecuted by plaintiff, as a taxpayer on behalf of the city of Stockton, against defendants to recover the sum of $324.00 paid to defendant C. O. Smith for salary as a patrolman for the city of Stockton, and to recover the sum of $2010.00 paid to defendant Madeline Fotheringham for salary as a member of the police force of the city of Stockton, and which moneys it is claimed by plaintiff were illegally paid by reason of the fact that the respective appointments of Smith and Fothering-ham were illegal, neither being entitled to hold the office to which he was appointed,…