Snider

The petitioner commenced a proceeding to obtain a writ of mandate directed to the defendant ■ board of trustees of Monterey Grammar School commanding' it to assign the petitioner to her classes as a probationary teacher. The trial court made findings in favor of the defendants and from the judgment entered thereon the petitioner has appealed.

The findings made by the trial court were as follows:

The petitioner attacks portions of findings number I and number III. She says: “The findings of the trial court we assert are based on evidence which is contradictory and which we challenge as to questions of law.” The defendants reply, “Under the constitution, our courts of appeal have appellate jurisdiction only of questions of law. While the question of whether there is any evidence to justify a verdict or findings presents an issue of law, the moment that a conflict in the evidence appears, there is no longer any question of law presented for the consideration of an appellate court.” Continuing, the defendants state there is therefore nothing to discuss. The reply is sufficient, but we think the case does not even present a conflict as to material points.

During the school year…