Williams v. Bagnelle

Citations

• 7 Cal. Unrep. 55
• 70 P. 1058
• 1902 Cal. LEXIS 934

Syllabus

<p>Mandamus—Adequate Remedy.—The Writ of Mandate will not Issue where there is a plain, speedy and adequate remedy in the ordinary course of law.</p> <p>Mandamus—Teacher’s Salary.—Political Code, title 3, article 13, section 1699, provides that any teacher whose salary is withheld may appeal to the superintendent of public instruction, who shall require the superintendent of schools to investigate the matter, and that the judgment of the superintendent of instruction shall be final, and that on receiving it the superintendent of schools, if it is in favor of the teacher, shall, if the trustees refuse to issue an order for such salary, issue his requisition in favor of such teacher. The salary of a teacher was withheld by the superintendent of schools, and she applied for a peremptory writ of mandate directing him to draw a requisition in favor of petitioner. Held, that the writ would not issue, plaintiff not having pursued the remedy under the statute, which applied to a case where the salary was withheld by such superintendent, as well as where withheld by the trustees.</p> <p>Mandamus—Teacher’s Salary.—Code of Civil Procedure, section 1085, provides that the writ of mandate may be issued to compel the performance of an official act required to be done by law. Political Code, section 1543, requires the county superintendent of schools to draw requisitions on the county auditor against the school fund of the district, and provides that no such requisition shall be drawn unless the order states the monthly salary of teacher, and names thq months for which it is due. An order drawn by trustees in favor of a teacher was “on account of balance on yearly contract for $1,000 from-to --during the present school year.....Monthly salary .... $-.” Held, that the writ of mandate would not issue to compel the superintendent to issue a requisition for the teacher’s salary, as the superintendent was not authorized to draw a requisition; the monthly salary not being mentioned in t