Adams

The County of Imperial instituted this action against J. Roy Adams and the United States Fidelity ■and Guaranty Company, a corporation, surety upon the official bond of Adams as supervisor of Imperial County, to recover certain moneys illegally collected and wrongfully received by Adams from the county.

Adams was elected supervisor of Imperial County at thé general election held in November, 1920, for a term of four years beginning on the first Monday in January, 1921, and ending on the first Monday in January, 1925. At the general election in November, 1924, he was re-elected to the same office for a second term of four years beginning on the first Monday in January, 1925, and ending on the first Monday in January, 1929. Appellant United States Fidelity and Guaranty Company became surety on the official bond of Adams for each of the two terms and executed a separate bond covering each term in the statutory penal sum of $5,000. The bonds were identical in terms except for the designation of the different terms of office and were conditioned that Adams should “faithfully perform all official duties that now are, or that may hereafter be imposed upon him or required of him by any…