Stewart

This is an appeal by the defendant, county auditor of Santa Barbara County, from a judgment of the superior court granting a writ of mandamus to plaintiff and directing the auditor to draw his warrants in favor of the respondent as city superintendent of schools of the city of Santa Barbara for the sum of $466.66 as salary for the months of November and December, 1923. On July 10, 1917, A. C. Olney was employed as such city superintendent for a four-year term at $3,500 per annum. On the 23d of January, 1919, Olney resigned, his resignation to be effective on January 31st, and the respondent herein was employed as city superintendent, to take effect February 1, 1919. On May 31st of the same year respondent’s salary was fixed at $4,000 per annum, effective July 1/ 1919; on June 3, 1920, the respondent resigned as such city superintendent, his resignation to be effective June 30th of that year, which resignation was regularly accepted, and on the same day the respondent was employed by the board of education for a full term of $5,000 per year, effective on the first day of July, 1920. On June 7, 1923, respondent again resigned as city superintendent of schools, to take effect June…