Ballerino

This is an action to recover damages for alleged violation of official duty.

The facts stated in the complaint are in substance as follows: The plaintiff for twenty years has been the actual occupant and sole owner of a tract of land in Los Angeles County, containing 134 acres. During the time plaintiff has been such owner, the said tract of land “has never been of a higher actual value for agricultural purposes than from $150 to $250 per acre”; and “said tract of land has never been of higher actual aggregate value for agricultural purposes than from $20,100 to $33,500.”

At the general election held in November, 1886, the defendant Mason was duly elected county assessor in and for Los Angeles County, and thereupon, as such officer, he took the oath and executed the bond required by law, and the other defendants became his sureties on the bond.

For the fiscal year 1887, Mason, as such assessor, “ did willfully, and against law, levy an assessment on the said tract of 134 acres of land, property of this plaintiff as aforesaid, at the unlawful and false valuation of $96,200”; which was $62,700 above the actual and lawful valuation of said property, and the said Mason “did thereby…