Denman v. Webster

Citations

• 7 Cal. Unrep. 65
• 70 P. 1063
• 1902 Cal. LEXIS 908

Syllabus

<p>City Attorney—Duty to Defend Board of Education.—Under the charter of San Francisco, authorizing the election of a city attorney, and in article 5, chapter 2, section 1, requiring him to prosecute and defend for the city and county all actions at law or in equity, and to give advice to all officers, boards and commissions, and in article 7, chapter 3, section 1, subdivision 3, authorizing the board of education to require the services of the city attorney in all actions, suits and proceedings by or against it, it is the duty of the city attorney, when so required, to appear for and defend such board in all suits brought against it.</p> <p>City Attorney—Refusal to Defend Board of Education.—Under the charter of San Francisco, article 16, section 18, providing that any elected officer may be suspended by the mayor for cause, and that he “shall, appoint some person to discharge the duties of the office during the period of such suspension,” on the refusal of the city attorney to defend the board of education in a suit brought against it the board is not authorized to employ another attorney, but should notify the mayor of such refusal.</p> <p>Board of Education—Power to Employ Counsel.—Political Code, section 1617, subdivision 7, authorizing boards of education and trustees of school districts to employ teachers, “janitors, and other employees of the schools,” and subdivision 20, relating to the powers of trustees only, do not authorize a board of education to employ counsel to defend an action brought against it.</p> <p>City Attorney—Duty to Defend Board of Education.—The charter of San Francisco, in requiring the city attorney to prosecute and defend suits by or against the board of education, does not impose any “school function” on him, but his “function” remains that of an attorney.</p> <p>Board of Education—Power to Employ Counsel.—Under the charter of San Francisco, requiring the city attorney to defend the board of education in suits brought against it, and