Dupuy

Plaintiff brought this action for the issuance of a writ of mandate against the defendants to enforce the payment of a salary demand arising out of services alleged to have been rendered as a teacher in the public schools of the city and county of San Francisco.

The defendants include the Board of Education of the said City and County, the individual members of the said board, the Superintendent of Public Schools of said City and County and the Auditor.

The plaintiff, in addition to his own demand for services rendered, is the assignee of a large number of others similarly situated and the entire proceeding admittedly belongs to that class euphoniously referred to as friendly suits. In view of the fact that the controversy involved claims arising at different dates and in different amounts, proof was offered in support of but one or two claims and it was stipulated that the same proof might be considered as being before the court as to the remaining claims.

The purpose of the suit was to have but one point of law finally determined and while, perhaps perfunctorily, other claims were advanced, it is conceded that the main point of controversy surrounds a construction of certain…