Leech

The appeal is from the judgment on the judgment-roll. The defendant Leech was not served and did not appear at the trial. He was elected marshal of the city of Woodland, a municipal corporation of the fifth class, and the respondents signed his official bond containing the following condition: “Now, therefore, the condition of this obligation is such, that if the said S. A. Leech shall well and faithfully perform all official duties now required of him by law, and shall well and faithfully execute and perform all the duties of marshal and ex officio superintendent of streets required by any law to be enacted subsequently to the execution of this bond, then this obligation is to be void and of no effect, otherwise to remain in full force and virtue.” The action grew out of the fact that said Leech, while acting as marshal, collected quite a sum of money, representing a license-tax, and appropriated the same to his own use. The court found that the money collected by him was not by virtue of his office as marshal or ex officio superintendent of streets and that as such marshal he was not authorized or employed to collect any license in the city of Woodland; nor was it the duty or…