191 S.W. 361 | Tex. App. | 1917
Article 2856, Vernon's Sayles' Statutes, provides that all school districts provided for by special act of the Legislature, as was here alleged, are placed under the general laws relating to incorporated school districts. It is provided that the trustees of the school district, as a body corporate, may contract and be contracted with, sue or be sued, plead or be impleaded, in any court of this state of competent jurisdiction. Article 2822, Vernon's Sayles' Statutes. And the trustees of the school district shall have the management and control of the public school of the district. Articles 2823 and 2892, Vernon's Sayles' Statutes. There is no authority expressly given to trustees to employ an attorney to bring a suit in behalf of trustees against a teacher to cancel a teaching contract. But having the power, as trustees have by the terms of the statute, to contract and to sue and be sued in the courts, the authority on the part of trustees to employ an attorney to institute and prosecute an action in their behalf would exist as a necessary incident of the powers to contract and to sue and to manage and control the affairs and interest of the public school. State v. Aven et al.,
It is believed that the court did not err in sustaining the demurrer, and that the judgment of the court should be affirmed.