Ferguson v. Board of Education

CHIPMAN, P. J.

Mandamus.

Petitioner prayed for a writ directing defendants to issue and deliver to him a high school certificate. Defendants had the judgment, from which plaintiff appeals on the judgment-roll alone.

It is alleged in the complaint that on August 1, 1901, there was duly issued to him a high school certificate by defendant board, which said certificate was to continue in force for the period of six years from its date; that pursuant to proceedings taken by said board on July 9, 1904, it wrongfully and unlawfully passed the following resolution: “Be it resolved

[569]

that the certificate of the said James Ferguson (plaintiff) be and is hereby indefinitely suspended for unprofessional conduct and evident unfitness for teaching.” It was alleged “that said plaintiff has repeatedly demanded of the said board of education, and of and from the said members thereof, first above named, that they set aside the said alleged order suspending said certificate, and issue and deliver to him his high school certificate, as aforesaid,” and “that said board and said members still continue to refuse and fail to issue and deliver to said plaintiff his certificate or to-revoke, annul, or set aside said alleged order of suspension, of said certificate.”

The court found that plaintiff “never made demand upon the defendant, the County Board of Education of the County of Sonoma, California, nor upon any of its members, to be reinstated as a regularly authorized teacher of said county, nor to revoke said order of said Board of Education indefinitely suspending the plaintiff’s certificate as a teacher . . . nor to restore the plaintiff’s said certificate to teach . . . prior to the commentiement of this action, nor at all.” As conclusion of law the court found that no legal demand was made upon defendants “to reinstate the plaintiff’s authority to teach . . . nor to revoke the order . . . suspending the teacher’s certificate of the plaintiff . . . nor to restore plaintiff’s said certificate . . . revoked by said board of education on the 9th day of July, 1904; that said demand is a necessary precedent to the maintaining of said action, and to the-issuing of a writ of mandamus in said matter.” The writ was therefore denied.