Hills

This was an action at law, brought by the defendant in error in the court below against the plaintiff in error, “as clerk of the United States District Court for Alaska, Division No. 1,” to recover the sum of $500, with interest thereon from May 21, 1901; the complaint alleging the official character of the defendant, and as a cause of action that: “On the 21st day of May, 1901, there was in the care and custody of the defendant, as such clerk, the sum of $1,099.70 belonging to the plaintiff, which *175 money had been paid to defendant as such clerk in the case of E. R. Peoples, as Administrator of the Estate of E. G. De Norton, Plaintiff, v. Emery Valentine and J. G. Cosslett, Defendants, and which money plaintiff was then and there entitled to demand and receive of the defendant, and ever since has been, and now is, entitled to demand and receive the same.”

The complaint further alleged that on May 21, 1901, the defendant appropriated and converted the sum of $500 of that money to his own use and benefit, and has ever since retained the same to his own use, and refuses to pay any part of it to the plaintiff, after demand made therefor. The complaint also contained the…