Malaley

At the general election in November, 1914, plaintiff was elected county superintendent of schools for the county of Tuba and assumed the duties of that office on the fourth day of January, 1915. She also performed the duties of city superintendent of schools of the city of Marysville for twenty months, commencing on said fourth day of January, 1915. She brought the action to recover compensation for her services as such city superintendent, alleging that the salary provided by law to be paid to her by defendant was the sum of fifty dollars per month, and also alleging that that sum was the reasonable value of the services so rendered by her. The trial was before the court, sitting without a jury; findings of fact followed the averments of the complaint and judgment was rendered in favor of plaintiff for one thousand dollars. The appeal is by defendant from said judgment.

The city of Marysville was first incorporated in 1855 (Stats. 1855, p. 23). There were amendments in 1857 (Stats. 1857, p. 40) and in 1866 (Stats. 1865-66, p. 69) and, in 1876 (Stats. 1875-76, p. 149), the city was incorporated. In none of these charters or amendments is there any reference to schools or…