Austin v. Upjohn

STEPHENS, J.

A contract with Pacific Electric Railway Company, a corporation, was entered into by Pasadena City High School District for the transportation of school children. The facts are fully set out in

Pasadena City High School Dist.

v.

Upjohn,

206 Cal. 775 [276 Pac. 341, 343, 63 A. L. R. 408], and the requisition for compensation under such contract was regularly approved and presented to the County Superintendent of Schools and the County Auditor refused to honor it in part. Some time after the contract had expired the district requested the county counsel to

[734]

institute

mandamus

proceedings against the two county officers referred to, to compel them to honor the requisition. The county counsel refused and the district employed plaintiff’s assignors to act as attorneys in the prosecution of such a proceeding. The district thereafter, in conjunction with the railway company, instituted and prosecuted such proceedings to a conclusion.

(Pasadena City High School Dist.

v.

Upjohn, supra.)

Thereafter an attorney’s fee for such service was approved by the district, but the said referred to county officers refused to honor it and a proceeding in

mandamus

was instituted and prosecuted in the superior court against them by the assignee of such attorneys. The alternative writ issued but after a hearing which presented the above facts in effect, it was dissolved and the peremptory writ was denied. Findings were waived and judgment was accordingly entered.

Plaintiff below appeals and presents two points, first: The district, in proper circumstances, has the right to employ

attorneys;