Murray

The proceedings in this case amount to an action brought by Grupe and others, asserting themselves to be trustees for the Delphi School District, who sue in the name of the District, because authorized by the statute to do so. (Political Code, sec. 1575.)

It is alleged in the complaint that Grupe and the others “ are the duly elected, qualified, and acting Trustees in and for said District ” ; and this allegation having been denied in the answer, it became the duty of the Court below, sitting without a jury, to find the fact in that respect. This was not done, but instead a finding, so called, was made in the following words: “ That C. Grupe, N. E. Ailing, and B. P. Nason were acting as Trustees for said School District, but there was no sufficient evidence of the election of C. Grupe, B. P. Nason, and N. E. Ailing or either of them as Trustees of the Delphi School District, of the County of San Joaquin, State of California; therefore the Court finds that they were not de jure Trustees, and neither of them was a Trustee de jure of said School District at the time of the commencement of this action.”

To find that these persons were “ acting as Trustees ” was merely to embody the…