Barry

—The plaintiff, a resident and tax-payer of the city and county of San Francisco, brought this action for the purpose of restraining the board of education of said city and county from drawing any draft upon the school fund in favor of the defendant vnnedy and Fowler in compensation for services rendered and to be rendered under an appointment from said board, upon the ground that such appointment was unauthorized by law. In their answer to the complaint the defendants set forth the order under which they allege *218 that the said Kennedy and Fowler were employed, in which is specified in detail the duties required of them. Upon the trial of the cause the court made the following findings of fact: “ 1. That the allegations in plaintiff’s complaint are not sufficient in law to entitle plaintiff to any relief or any judgment; 2. That all the affirmative allegations in defendants’ answer are true”; and thereupon rendered judgment in favor of the defendants.

The board of education of the city and county of San Francisco is a creature of the legislature, and has only such powers as have been conferred upon it. It has no authority to divert the moneys of the schqol fund to any purposes…