City of San Diego v. Dauer

Citations

• 97 Cal. 442
• 32 P. 561
• 1893 Cal. LEXIS 562

Syllabus

<p>Municipal Corporations — San Diego — School District—City Superintendent of Schools — Salary — Injunction — Parties. — The city of San Diego as a municipal corporation has no interest in moneys paid into the county treasury to the credit of the school district of the city of San Diego, which is a distinct corporation, whose rights and obligations are governed by the Political Code, and not by the city charter; and the city is not entitled to an injunction to prevent the county treasurer from paying a warrant drawn upon him in payment of the salary of the superintendent of schools of the city of San Diego..</p> <p>' Id. — Power to Fix Salary of City Superintendent of Schools — City Charter Controlled by Political Code—Public School System.'—The power to fix the salary of superintendent of schools of the city of San Diego is vested by section 1793 of the Political Code in the board of education of the city, which, as a general law regulating the public school system, prevails over a provision of the city charter directing the common council to fix such salary.</p>