Fidler

This is an appeal from a judgment in mandate proceedings. The appellant was petitioner in the trial court, seeking by mandate to compel the respondent Board of Trustees of the Roseville Union High School District, and the members thereof, to admit him to the use and occupation of his right as a permanent teacher, to teach in the respondent Union High School and to pay him the salary to which he claimed to be entitled, under the law, as such teacher. An alternative writ was issued and the respondents and defendants therein filed their answer, which not only met and traversed material averments in the petition, but affirmatively set up certain facts.

The findings and judgment were in favor of the respondents; a motion for a new trial was duly made and denied. At the trial no witnesses were sworn and certain facts, documentary exhibits and proposed testimony of witnesses were admitted upon stipulation; the oral objections to the introduction of testimony were reserved by appellant, and motions were made to strike out certain portions of the answer. The motions to strike portions were denied and all objections to testimony were overruled.

The following statement of facts contained…