Barber

Mandamus. Defendant Mulford is the president, and defendant DeBurn is the secretary of the board of education of the city of Sán Diego; such *357 board is created by the charter of said city, and is charged under the law with control of the affairs of the San Diego school district, which district itself, by its corporate name, is also a party defendant here. On April 27, 1891, plaintiff presented to said board of education a bill for certain services rendered at the request of the latter; thereupon, a motion was carried. and entered on the minutes of the board “ that the bill amounting to five hundred and ten dollars be paid”; and accordingly, a warrant was drawn for that sum on the treasurer of the city of San Diego, the custodian of the city school funds designated by the terms of the charter (Stats. 1889, p. 715); payment was refused, it would seem, for the reason that, by the general law, to which the charter provisions are subject, the county treasury is the proper repository of such funds, as was subsequently established by the decision in Kennedy v. Miller, 97 Cal. 429 . There, the money is subject to the requisition of the county school superintendent, drawn upon the…