Morse

This is an appeal from a judgment of dismissal following the sustaining of a demurrer to the plaintiff’s complaint. The plaintiff asked for a writ of mandate to compel the issuance to him of a salary warrant to which he claimed to be- entitled under an alleged employment as teacher in the San Diego Mgh school. The chief question to be decided is as to whether a city hoard of education has the right at the end of a school year to discharge a high school teacher at its discretion and without assigning cause therefor. Plaintiff by his complaint showed that he had been employed during the school year of 1915-16 as a teacher in the high school of the city of San Diego; that on May 16, 1916, the board of education gave notice of its determination that his services would not be required for the ensuing school year. It was further alleged that this notice was void and did not have the effect of terminating the employment of the teacher. Some other matters are set forth in the complaint which will hereinafter be referred to. It is argued on behalf of the appellant that no authority resides in a board of education, as conferred by the statutes of the state, to dispense with the services of…