Alexander

— This cause has previously been considered by this court upon an appeal by the defendant from the judgment entered upon a directed verdict in favor of the plaintiff. The judgment was reversed and the cause remanded for a new trial. (Alexander v. Manton Joint Union School District in Tehama and Shasta Counties, 73 Cal. App. 252 [ 238 Pac. 742 ].) At the second trial, the verdict of the jury, by which the cause was tried, was in favor of the defendant, and judgment was entered accordingly. The plaintiff has appealed from said judgment.

The plaintiff, a teacher of the defendant under a contract with the latter, was dismissed as such teacher upon charges preferred by the trustees of said district. This action was instituted by plaintiff, under the authority of section 1609, subdivision 5, of the Political Code, to secure a judicial determination of the question whether the charges were true or false, and thus, if the charges were determined to be false or unfounded, obtaining a judgment nullifying the action of the defendant in dismissing him from his employment as teacher of its school.

The issues made by the pleadings are stated in the opinion of this court by Presiding Justice…