Simmons

This is an appeal by the defendant from a judgment entered ag’ainst him in the superior court of the county of Sacramento in favor of the plaintiff in the sum of $3,194.25. It appears from the pleadings and stipulation of facts in this action that the defendant was, from the first day of July, 1915, to the thirtieth day of August, 1920, a duly elected, qualified, and acting commissioner of the city of Sacramento, and during that period of time was the head of the department of public health and safety of said city; that while acting as the head of such department there was paid to the defendant for acting as local registrar of vital statistics the sum of $1,659.75 and that between the sixteenth day of December, 1918, and the twelfth day of May, 1920, there was paid to said defendant by W. J. Hanna the sum of $1,534.50, collected from the county treasurer of the county of Sacramento for acting as local registrar of vital statistics during the said period of time; that none of said money was. paid over by the defendant to the city treasurer of the city of Sacramento; that no part of the said money was used by the defendant for personal or individual purposes, but was all expended by…