Greene

This is an appeal from a judgment in favor of the plaintiff and respondent upon the failure of the defendant to answer plaintiff’s complaint within the time allowed by law and extensions thereof granted by the court after defendant’s demurrer to said complaint had been overruled. The action was brought by plaintiff to recover the sum of $957.38, alleged to be due him as and for his compensation as treasurer of the Town of Lakeport, accruing between the first day of October, 1922, and the first day of October, 1923.

The material facts alleged in the complaint may be summarized as follows: That the Town of Lakeport is and at all times mentioned in the complaint has been a municipal corporation of the sixth class, created under and by virtue of the laws of the state of California; that on the seventeenth day of May, 1892, the hoard of trustees of said town duly adopted Ordinance No. 56, entitled, “An ordinance to fix the compensation of officers of the Town of Lakeport, California,” and section-3 of said ordinance reads as fol lows: “The treasurer, for performing the duties of his office, shall receive the fees provided by law for such service”; that said quoted portion of said…