Webster v. Board of Education

This is a petition for a writ of mandate commenced in the superior court. A demurrer to the petition was sustained, and judgment rendered for respondents, and from that judgment petitioner appeals.

The averments of the petition are, substantially, that appellant is, and at the time mentioned therein was, superintendent of common schools of, the city and county of San Francisco, and as such was ex officio a member of the board of education of said city and county, “with all the rights and privileges of a member of said board, excepting solely the right to vote”; that he has a deputy in his…