Hayes

Petitioners P. M. Shrode, since deceased, and Daniel P. Collett, claiming to be employees of the City of Long Beach, in Los Angeles County, each petitioned the Superior Court for a writ of mandamus requiring the approval, allowance and issuance of his. warrant for salary. A demurrer to the petition of Shrode was overruled, and after trial on the merits judgment was rendered in favor of the defendants. A like demurrer to the petition of Collett was sustained without leave to amend. Upon the demise of F. M. Shrode, the executrix of his estate was substituted for the purposes of these proceedings. The petitioners appeal from the adverse rulings above mentioned.

In all of the respects pertinent to a discussion of the pleadings each ease presents the same questions. It is alleged that the petitioners were employed under and were subject to the provisions of rules and regulations adopted in accordance with the city charter, which were in force and effect at all of the times mentioned. The enabling provisions of the charter, and the material portions of such rules and regulations, are set forth in the petition. The petitioners aver that while so employed they were notified in writing by…