Mulcrevy

This action was brought to recover of defendant, Mulcrevy, county clerk and ex-officio clerk of the superior court of the city and county of San Francisco, and his codefendant, as surety on his official bond, the sum of $2,972, with interest from certain dates as set forth in the complaint, on account of moneys received and collected by him in his official capacity as such clerk, in certain naturalization proceedings which occurred during his term of office. Upon motion of plaintiff, and after defendant had answered, the court ordered judgment for plaintiff upon the pleadings. This appeal is from the judgment, and raises only questions of law.

The facts are in substance as follows: Defendant Mulcrevy was, at the November election in 1905, elected county clerk for the city and county of San Francisco for the term of two years commencing on the eighth day of January, 1906. After his election and on the first day of December, 1905, he made and filed his official bond, with the defendant corporation as surety, which bond was duly approved as required by law. This bond contained the provision and condition that Mulcrevy should “faithfully perform all official duties that now are or…