56 P. 291 | Or. | 1899
delivered the opinion.
■ This is a mandamus proceeding to compel the directors of the defendant school district to draw their warrant on the clerk in payment of a judgment recovered by the plaintiff against the district in the Circuit Court of Multnomah County. The alternative writ, after alleging the corporate capacity of the district and the official character of the several individual defendants, avers, in substance, that on May 1, 1894, the defendant district became indebted to the plaintiff in the sum of $100 for services as teacher; that on January 2, 1895, he duly and regularly recovered judgment against it for such sum and interest, together with costs, amounting to $26.50; that such judgment has not been set aside, reversed, or modified, and is now in all respects a valid and subsisting judgment; that on June 20, 1895, the plaintiff, after having acknowledged satisfaction thereof, presented to the defendant directors a certified copy of such judgment, together with a memorandum of the acknowledgment of satisfaction and the entry thereof, and requested that they draw their warrant in payment
The complaint on which the judgment upon which this proceeding is based was rendered alleged that during the spring of 1893 the plaintiff was employed by the defendant district as a teacher for the term of nine months; that, in pursuance of such employment, he taught school therein until March 24, 1894, at which time it was mutually agreed between him and the district that he should retire from his position as teacher, and relinquish his claim for the balance of his salary, upon payment to him of $100; that he complied with the terms of such contract on his part, but the defendant district, although duly requested, failed and neglected to pay the $100, or any part thereof.
Affirmed.