McKenzie

McKenzie v. Board of Education

Good Law
1 Cal. App. 406·1905 Cal. App. LEXIS 26·82 P. 392
Court of Appeal of CaliforniaAugust 12, 1905No. 128.California1,275 words

Opinion

Lead Opinion

Cooper, J.

This was an application by respondent as petitioner to the superior court for a writ of certiorari, for the purpose of vacating and annulling an order or resolution made by defendants in their official capacity as the hoard of education of the city and county of San Francisco, dismissing the petitioner from her position as teacher in the school department of the public schools of said city and county. The appellants, having made a return to the writ setting forth the procedings in full, the court, upon motion of petitioner, made an order granting the writ as prayed, and judgment was accordingly entered. This appeal is from the judgment.

The writ of certiorari will only be granted when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal nor, in the judgment of the court, any plain, speedy, and adequate remedy. It cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer. It is not a writ of error. Its purpose is not to consider errors or irregularities committed in…

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