Briare

*65 This is an action prosecuted by plaintiff, as a taxpayer on behalf of the city of Stockton, against defendants to recover the sum of $324.00 paid to defendant C. O. Smith for salary as a patrolman for the city of Stockton, and to recover the sum of $2010.00 paid to defendant Madeline Fotheringham for salary as a member of the police force of the city of Stockton, and which moneys it is claimed by plaintiff were illegally paid by reason of the fact that the respective appointments of Smith and Fothering-ham were illegal, neither being entitled to hold the office to which he was appointed, Smith, it *66 is contended, being disqualified by reason of the (act that he was over thirty-five years of age at the time of his appointment, and for the further reason that he was a member of the City Council at the time the salary of the patrolmen was increased by the City Council, and the City Charter expressly providing (Section 48, City Charter) that “no member of the City Council shall be elected or appointed to any office created, or the compensation of which is increased by the Council, while he was a member thereof, until one year after the expiration of the term for which he was…