McClung

The appellant in this action was, during all the times mentioned herein, the duly appointed, qualified and acting clerk of the Justice’s Court of the City of Stockton. The city of Stockton is a municipal corporation of 2% class. It is incorporated under a freeholders’ charter, duly ratified and approved by the legislature. Under the charter of the city of Stockton there was created a police court in and for said city. This court is presided over by a police judge, and also has a duly appointed, qualified and acting clerk.

The section of the Code of Civil Procedure under which the appellant vras appointed and qualified as the clerk of the Justice’s Court of the City of Stockton provides a salary of $1500 per year. On or about the first day of February, 1927, the appellant applied to the county auditor of the county of San Joaquin for a warrant in her favor in the sum of $125, payable out of the county treasury of the county of San Joaquin, as and for her salary for the month of January, 1927. The respondent, as the county auditor of said county, refused to issue or deliver to the appellant a warrant in said sum, or any sum, as and for her salary as clerk of said court. Upon the…