State ex rel. Brown v. McQuade

Citations

• 36 Wash. 579
• 79 P. 207
• 1905 Wash. LEXIS 631

Syllabus

<p>Mandamus — When Lies — -Schools—Compelling School Board To Issue Warrant for Teacher’s Salary. Mandamus will lie upon tbe application of a school teacher to compel a board of school directors to issue a warrant for his salary, if anything is due under a contract providing that he was to be paid by a warrant drawn by the school board on the county treasurer, the remedy at law being inadequate, since it could only result in a judgment directing the issuing of a warrant.</p> <p>Same — Mandamus Under the Code. The principle that the writ of mandamus issues only where the right thereto is clear has no application to the writ authorized by the Code, and hence may issue, although sought to enforce disputed claims, the procedure under the code having all the elements of a civil action.</p> <p>Schools and School Distbicts — Contbact to Teach School— Validity. It is error to dismiss a proceeding in mandamus to enforce a teacher’s contract to teach school, on the theory that it was illegal to contract to teach a district school forming a part of a union district, and at the same time to teach in a union high school in the same building, as there is nothing illegal in such contract.</p> <p>Mandamus — Pleadings—Reply. It is not necessary, under the code, to reply to a return or answer to mandamus, new matter being deemed denied.</p>