Merriam

The original action was brought by the city to recover of defendant, its treasurer, upon his official bond, certain public moneys alleged to have been wrongfully, unlawfully, and without right converted by the treasurer to his own use, which sum it is alleged was the property of said city. It was stipulated upon the trial: “That the defendant John L. Merriam while acting as city treasurer deducted from the moneys in his hands belonging to said city, the sum of $556.43, claiming the right to do so under the terms of an ordinance No. 140 of said city of Corona.” The ordinance referred to provides as follows: “The city treasurer shall receive a salary of fifteen dollars ($15) per month, and the sum of one per cent on all moneys received and paid out by him as treasurer of the said city, which said salary and percentage shall be payable monthly.” It was further stipulated: “If the correct construction of said ordinance 140 is that said defendant Merriam is entitled as city treasurer to one per cent only on all moneys both received and paid out by him, then the judgment will be in favor of the plaintiff and against said defendant for $556.43”; and further: “If, however, the proper…