Birch

This appeal is from the judgment herein denying plaintiff’s petition for a writ of mandate.

The plaintiff was a teacher in the Willows Union School District during the fiscal year ending June 30, 1923. The board of trustees of the district issued to him an order for the payment of his last month’s salary in the sum of $191.66, payable out of the teachers’ salary fund. The county superintendent duly examined and approved the demand, but the defendant county auditor refused to allow the same. Plaintiff alleged that there was in the funds of the district “a sufficient sum not otherwise appropriated and which sums are applicable to the payment of the claim of your petitioner.” The answer affirmatively alleges “that a balance in excess of one hundred ninety-one dollars and sixty-six cents remains in the salary fund of the Willows Union School District for the fiscal year 1921-22. That .... said defendant has no means of knowing that all of the claims against said salary fund for said fiscal year have been met and extinguished, or that claims against said fund evidenced by requisitions drawn by the board of trustees of said school district, examined and approved by said superintendent…