Farnum

This is an action upon the hond of C. A. Farnum, as county auditor of the county of San. Luis Obispo, to recover the sum of eight hundred and; ninety-six dollars and ten cents, alleged to have been received by him, as auditor, from the license tax-collect- or of said county, the same being moneys collected for license taxes due the county from various individuals* and which Farnum had failed to pay over to the county treasurer; the other defendants and appellants, R. E.. Jack and I. Goldtree, being the sureties upon said bond*.

The complaint alleges that said moneys were received by Farnum at divers times, unknown to plaintiff, between January 2, 1889, and January 3, 1891, which dates cover and include the entire term for which said bond was given. This action was commenced May 29* 1893.

The defendants demurred to the complaint: 1. That the facts stated do not constitute a cause of action; and 2. That the cause of action stated is barred by the pro *568 visions.of section 337, and subdivision 1 of section 338, and .subdivision 1 of section 339.of the Code of Civil Procedure.

• The demurrer was overruled; the defendants answered, denying all the allegations of the complaint, and…