Stewart v. Thorn Valley Joint Union School District

THOMPSON, Acting P. J. Judgment was rendered against the plaintiff in a suit to recover her salary as a teacher in an elementary school district in Mendocino County. That district was united with an adjoining district in southern Humboldt County to constitute a joint union school district pursuant to sections 2.200 et seq. of the School Code. The joint district was managed by a separate board of trustees and school was conducted in buildings on the Humboldt side of the district. The plaintiff was not employed by the board of trustees of the joint district. After the union of the two districts the defunct board of the former Mendocino County district purported to renew her contract from year to year and she continued to teach in the old school building of the Mendocino County district. After serving in that manner for three years she brought suit for compensation against both the former Mendocino County district and the joint union district. During the trial she dismissed the action against the Mendocino County district. Findings were adopted favorable to the joint union district to the effect that plaintiff was not employed by it, and that she never did teach in the schools of or for that district. Judgment was rendered against the plaintiff that she take nothing by her suit. From that judgment this appeal was perfected.

Prior to April 28, 1933, the Bear Harbor School District, adjacent to the northern boundary of Mendocino County, maintained an elementary school therein. For several years the plaintiff, who had attained the status of a permanent teacher, had previously taught school in that district. Prior to that date the White Thorn School District of Humboldt County, which was contiguous to the district above mentioned, also [157]maintained a separate school within its territory. These two districts were united on April 28, 1933, as a joint union district, by means of an election which was held for that purpose pursuant to law. The joint district was named the Thorn Valley Joint Union School District. A board of trustees was duly selected, which employed teachers and regularly maintained school in buildings located on the Humboldt side of the district. The plaintiff was not employed by that board and never taught school in the buildings maintained therefor by the joint district.

There were some residents of the former Bear Harbor School District in Mendocino County who were opposed to the organization of the joint district. The legality of the joint district was challenged by means of a writ of quo warranto. It was finally decided that the joint union district was lawfully organized. In the meantime the defunct board of trustees of the former Bear Harbor District purported to continue to perform their former duties, in spite of the termination of their offices. They maintained school in the old school building on the Mendocino County side of the joint district, renewing their contract of employment with the plaintiff for three successive years at $1,260 per annum. She continued to teach school therein until June 30,1936. No part of that salary was paid after the creation of the joint union district. This suit was commenced in 1938, against both the former Bear Harbor School District and the joint union district. During the trial the action was dismissed as to the Mendocino County district. Findings were adopted adverse to the plaintiff. A judgment was rendered against her that she take nothing by this suit. From that judgment she has appealed.