Mundell

This is an action to recover for services rendered by the plaintiff as city marshal of the defendant. A general demurrer to the •complaint was interposed and sustained. The plaintiff declined to amend, and thereupon the court gave judgment that he take nothing. From that judgment he appeals.

The facts stated in the complaint are, in substance, as follows: In April, 1886, and again, in 1888, .the plaintiff was duly elected city marshal of the city of Pasadena, a municipal corporation of the sixth class. Each term of office was two years, and after each election he duly qualified and entered upon the discharge of his official duties. His compensation for both terms was fixed by the board of trustees of the city at eight hundred dollars per year, and was paid. Between the thirty-first day of July, 1886, and the thirtieth day of April, 1888, he rendered services to the defendant corporation, in arresting offenders, and summoning witnesses and jurors, by virtue of warrants of arrest, subpoenas, and venires duly and regularly issued out of the recorder’s court of the city, and for these services the defendant became and is indebted to him in the sum of $863.55. Again, between the first…