Linscott

In August, 1865, there were in Santa Cruz County two adjacent school districts, one known as the Santa Cruz school district and the other as the Bay View school district. Since that time both have maintained their autonomy, electing trustees at the proper times, and have kept up schools within the original boundaries of their respective districts.

The Bay View district, the plaintiff here, in 1868 purchased a lot for its school-house and has since expended five thousand dollars in building a school-house upon it. In this house its school has been since maintained where there has been an average attendance of one hundred pupils. At every apportionment of school moneys by the superintendent of said county, up to December 15, 1891, its share has been apportioned to plaintiff and has been expended by it by orders drawn upon the treasury in the usual mode.

At the last-named date the defendant, as superintendent of schools, refused to make any apportionment to plaintiff and has *27 since refused to recognize plaintiff or its right to the public moneys on the grounds: 1. That said Bay View school district has no legal existence. 2. That the persons claiming to act as trustees of said…