Morrison

The plaintiff brought this action as a taxpayer, in behalf of himself and all other taxpayers of Orange County, against the defendant as justice of the peace of Santa Ana township, Orange County, seeking a writ of mandamus directed to said defendant, commanding him to pay into the county treasury all money received by him as such justice of the peace from parties to any marriage solemnized by him, either as “fee, gift, reward, tip, compensation or otherwise,” during his term of office. The petition alleges the election, qualification and acting of defendant as such justice of the peace; that he has solemnized a certain number of marriages, for which he has accepted from the contracting parties and retained for himself large amounts of money, and that this retention is a direct injury to plaintiff and all other taxpayers of said county. The trial court entered an order and judgment sustaining a general demurrer to the petition, without leave to amend, and denying the writ of mandate prayed for by plaintiff. This appeal is from such judgment.

Appellant earnestly contends that the order and judgment appealed from is contrary to the Constitution and both the civil and criminal law of…