People Ex Rel. Brown v. Pacific Grove High School District

This action was brought by permission of the attorney general to have it adjudged that the defendant is wrongfully and without right exercising the functions of a high school district. The case was tried before the court and findings filed. Judgment was entered, declaring defendant to be a de jure high school district, organized and existing under the laws of the state of California. Prom this judgment plaintiff prosecutes this appeal upon the judgment-roll without a bill of exceptions. We must therefore, under the well-settled rule, regard the findings of fact as supported by the evidence and absolutely true. We must also presume that all the rulings of the court upon the trial as to the admission or exclusion of evidence were correct. Our only duty in such case is to determine whether or not the findings are consistent and support the judgment.

The complaint contains several allegations tending to show that the defendant was not legally organized as a high school district, but the court finds against the plaintiff upon each and every one of such allegations.

It is first alleged that there is not in the office of the school trustees of the- district, or of the superintendent of…