Bruch

This is an agreed case. It is stipulated that the school district of San Jose is a quasi municipal corporation, and that it embraces the same territory as the city of San Jose. That the school district has a hoard of education.

That plaintiff possesses all the qualifications pre *348 scribed by law or the rules and regulations of the county board of education for Santa Clara county, to teach in the grammar and primary schools of said district, and July 5, 1893, was employed by the said board of education as principal of a school in said district at a salary of one hundred and twenty dollars per month, and immediately entered upon such service, and therefore was entitled to receive as his salary for the month of November, 1893, the sum of one hundred and twenty dollars.

That during all of said time defendant was treasurer of the city of San Jose. That the state school fund was duly apportioned among the counties, and Santa Clara county received its portion, of which eleven thousand seven hundred and forty-seven dollars and forty cents was apportioned to the school district of San Jose.

That July 17, 1893', the said board of education drew an order upon the county superintendent…