Bagnelle

Appeal from the judgment awarding a peremptory writ of mandate against defendant, as school superintendent of Madera county, directing her to draw a requisition in favor of plaintiff upon the county auditor of said county for $111.20 in payment of balance claimed to be due plaintiff for salary as teacher in said district. The plaintiff claims that the above-named sum is due him for one month’s salary as teacher in the public schools of Madera school district, under a contract with the school trustees of said district, for nine months ’ teaching therein. The defendant contends and claims that only eight months of school were authorized or taught in the said district, and that the plaintiff drew the full amount of his salary for said eight months.

The extraordinary writ prayed for in this case will not issue where there is a plain, speedy and adequate remedy in the ordinary course of law: Code Civ. Proc., sec. 1086; Kimball v. Union Water Co., 44 Cal. 173 , 13 Am. Rep. 157 ; Wood v. Strother, 76 Cal. 545 , 9 Am. St. Rep. 249 , 18 Pac. 766 . The Political Code, under the head of “Education” (title 3, article 12, section 1699), provides: “Any teacher whose salary is withheld may…

Order for hearing in bank granted.

I concur in the order granting a hearing in bank, because I am not prepared at present to sanction that part of the opinion which holds that the judgment of the state superintendent is final. I think, however, that clearly the appellant should have first appealed to the superintendent, and in other respects I think the opinion of the department correct.