Officer — Right to Salary — Removal for Misconduct — Reversal of Judgment — Mandamus. —-A public officer accused and found guilty of willful misconduct in office is entitled, upon a reversal of the judgment of removal, to the salary of the office during the time he was suspended from the performance of its duties by the erroneous judgment of the trial court, and may compel the auditor, by writ of mandate, to draw his warrant for the amount of such salary.

Id. — Salary Incident to Office—Suspension without Right.—The right of a public officer to receive the salary attached to the office is an incident which attaches itself to the legal title to the office; and he cannot be deprived of the salary, because he was, without his fault and against his consent, suspended from office and released from the performance of its duties, pending an appeal from an erroneous judgment of removal for misconduct.

Id. — Payment of Salary to Appointee during Suspension. — The fact that during the time of the suspension from office of the officer convicted of misconduct its duties were performed by a person properly appointed for that purpose, pursuant to section 770 of the Penal Code, and that the county has paid the salary to such appointee, does not affect the right of the suspended officer to recover the salary of the office during the time of his suspension.

Id.—Effect1 of Apbeal— Revebsal of Judgment — Restobation of Rights — Constbuction of Code. —Although section 770 of the Penal Code provides for a suspension from office pending the appeal from the judgment of removal, that section must be construed as a whole, and the right of appeal given by it secures the usual results which flow from the reversal of a judgment, including the restoration of all rights taken from the appellant by the erroneous judgment, and the leaving of the parties where they stood prior to its rendition.