Marion

This is an application for a writ of mandate to compel the respondents herein to approve and allow the demand of appellant Eunice D. Marion, as a teacher of the school department of the city of Oakland, for salary from July 31,1889, to and including the twenty-eighth day of February, 1890, for the sum of seven hundred dollars, and to compel the defendants to draw a warrant for the payment of said claim. Petitioner was nonsuited in the trial court upon the grounds, among others, that she was employed or elected by respondents as a teacher for a certain definite time, and.that period had expired prior to the time for which she now claims salary, and upon which claim she attempts to support this proceeding.

The motion for a nonsuit was properly granted upon the ground stated. Petitioner was an applicant before the. board of education for a position as teacher in the public schools of Oakland, and the records of the board of May 29, 1886, disclose the following: “ The board then went into executive session for the election of teachers for the ensuing year,” and thereupon certain' teachers were declared elected, — among others, the petitioner. Under this order of the board she began…