Owens v. Board of Education

Plaintiff instituted proceedings in mandamus to require the defendants to reinstate her as a perma nent teacher in the elementary schools of the Santa Cruz school district. Her petition contained the essential averments of facts showing the legal duty on the part of the defendants, her demand that they perform it, their refusal, and her right to the enforcement of the duty. These allegations were not denied except through the pleader’s conclusions, but two separate defenses were interposed—the first setting up a written contract between the plaintiff and another school district by reason of…