Chico High School Board v. Board of Supervisors

Application by tbe Cbico bigb school board for a writ of mandate commanding the board of supervisors of tbe county of Butte to bold a special meeting and to levy a special tax upon all the taxable property of Cbico bigb school district, sufficient in amount to raise tbe sums required by said Chico bigb school district, as shown by tbe estimates of tbe Cbico bigb school board, etc.

An alternative writ issued, whereupon tbe board of supervisors came in and filed a demurrer to tbe petition upon tbe ground that it did not state facts sufficient to constitute a cause of action.

Tbe demurrer was sustained by tbe court, and, petitioners declining to amend, judgment went for defendant. Plaintiff appeals.

Tbe petition shows, among other things, that “the Chico bigb school district” is a municipal corporation in tbe county of Butte, regularly organized and existing under the provisions of section 1670 of tbe Political Code, relating to high schools, as amended in 1895. Tbe district embraces within its exterior boundaries the entire area of the city of Cbico, a municipal corporation of tbe fifth class, which contains about three hundred and twenty acres of land, and taxable property to…