Folsom

This was an action under section 772 of the Penal Code for the removal of a public officer. Findings and judgment for plaintiff, and defendant appeals therefrom, and from an order denying a new trial.

The accusation filed by plaintiff against defendant alleged, among other things, the defendant’s election and qualification as marshal of the city of Long Beach; the appointment of plaintiff by the board of trustees as a public officer; the refusal of the defendant to recognize such appointment, and his neglect and refusal to exercise any control over such officer; and that defendant obstructed such officer in the discharge of his duties. Further, that defendant has willfully refused and neglected at all times to file with the treasurer of the city an affidavit showing that the moneys paid by him to said treasurer were all of the funds he had collected, or received, during the months precedent to the payment to said treasurer, or to report delinquent lists of licenses uncollected. The complaint avers, and it is not denied, that an ordinance of said city, No. 109, was in force, providing for the licensing of certain kinds of business transacted and carried on in said town of Long…