County of San Luis Obispo v. King

This action was brought to recover of defendant moneys collected and received by him as county recorder as fees. The demurrer of defendant to the complaint was sustained on the ground that the complaint did not state facts sufficient to constitute a cause of action.

The defendant, King, was county clerk; under section 4105, Political Code, he was ex-officio auditor and recorder. An act passed in 1870 had fixed the fees of the recorder. The act of March 21, 1876 (Stats. 1875-76, p. 608), fixed the salary of county clerk at eighteen hundred dollars per annum, and directed him to appoint a deputy…