City of San Bruno v. National Surety Co.

THE COURT.

This is an action by the City of San Bruno, a municipal corporation, to recover upon the official bond of its city clerk. A demurrer, both general and special, was sustained to the complaint, and plaintiff having failed to amend judgment was entered in favor of defendant Surety Company. From this judgment plaintiff has appealed.

The complaint alleged that until April 16, 1928, Nettie A. "Willits was the duly elected, qualified and acting city clerk and assessor, and the duly appointed, qualified and acting deputy marshal and deputy tax collector of the municipality; that on April 7,…