Taylor

This is a petition for a writ of mandate to compel defendants to reinstate plaintiff in the positions of principal of the high school and supervising principal of the grammar and primary schools of the city of Monrovia, from which he was dismissed by them, as trustees of that school district, without a regular hearing. The superior court gave judgment for defendants and denied the writ, and plaintiff appeals from the judgment and from an order denying his motion to vacate the judgment. The order mentioned not '. ?ing appealable, the case is before us on the appeal from the judgment.

The trial court finds that plaintiff was employed by defendants on July 7, 1906, to fill the positions mentioned, for the ensuing year ending June 30, 1907. That he entered upon the discharge of the duties of these positions and continued to perform them until March 2, 1907, on which date he was discharged by defendants for alleged incompetence, unfitness and misconduct. No charges were ever preferred against him in writing and no formal or any other hearing was given him by defendants on the said charges of delinquency. On February 2, 1907, however, said trustees in meeting assembled advised the…