Weineke

This is an action to recover the sum of $15-946.27 from defendant Weineke, lately tax collector of San Diego county, and the other defendants, his sureties upon his official bond. Judgment was given against defendant Weineke by default and in favor of the other defendants upon their demurrer to the complaint. The appeal is from the judgment on the demurrer.

The complaint alleges that defendant Weineke was the duly qualified and acting tax collector for two years from the first Monday after the first day of January, 1891. “On the first Monday in December, 1891, and for five days thereafter, the said defendant H. W. Weineke, as said tax collector, wholly failed and neglected to settle with the county auditor of said county for all moneys collected for said state and county taxes for the fiscal year ending June 30, 1892, and wholly failed to pay the same to the county treasurer of said county, and has ever since said first Monday in December, 1891, wholly failed to settle, and has never settled, with the county auditor of said county for all said moneys collected by him, the said Weineke .... and has wholly failed and neglected to pay -and has never paid all the moneys, .... and…