Wood

Plaintiff is a resident within Bret Harte Union High School district. His property, being wholly within said district, was assessed for the support of said union high school and likewise for the Calaveras County High School. Deeming the latter assessment improper he tendered to the tax-collector of the county the amount of his tax less the sum demanded for county high school purposes. The tender being refused he deposited the money so tendered in bank to the credit of the tax-collector and gave notice to that official, all in accordance with section 1509 of the Civil Code. He then brought this action to have the tax for the support of the county high school declared invalid and to compel the ■tax-collector to accept the money tendered. From a judgment granting his prayer this appeal is prosecuted.

Prior to the formation of the Bret Harte Union High School district, the Calaveras County High School District was formed, including territorially, the whole of the county of Calaveras. All of the property within the county was taxed for the support of that district. Appellants are of the opinion that,- (1) the exemption of the property within the Bret Harte Union High School district…