132 S.W.2d 144 | Tex. App. | 1939
This suit was brought by C. O. Wright and others alleged to be residents of Limestone county and taxpayers in the Tehuacana Valley School District against Jack Bays and others as trustees for said school district. Plaintiffs alleged, in substance, that in April, 1939, the said trustees of Tehuacana Valley School District entered into a purported agreement with the Wortham Independent School District, by which all pupils of the Tehuacana Valley School District were to be transferred to the Wortham Independent School District for the school year 1939-40. They alleged that said contract was void because, among other things, one of the trustees of the Tehuacana Valley School District had been promised employment as the driver of the bus to be used in transporting the children from the Tehuacana Valley School District to Wortham Independent School District as an inducement for him, as such trustee, to vote for such contract. Plaintiffs alleged that the matter had been carried before the Limestone County School Board and said Board had held said contract to be illegal and that no appeal had been prosecuted from said ruling, but that the defendants were nevertheless seeking to and would carry out the terms of said contract unless enjoined from so doing. Upon presentation of petition at an exparte hearing, the trial court granted a temporary injunction as prayed. The defendants appealed.
It will be noted that the Wortham Independent School District, one of the parties to the contract sought to be canceled by the suit, was not made a party thereto. It appears to be a well settled rule that in a suit of this kind to cancel a contract or to restrain the enforcement thereof, all parties to such contract are necessary parties to the suit. Crystal Falls Common School Dist. v. Sanders, Tex. Civ. App.
In view of the possibility of further litigation over this same matter, we call attention to the fact that plaintiffs' petition does not state whether the Tehuacana Valley District is an independent or common school district. If it is an independent district, the suit should be brought against it in its corporate name. If it is a common school district, the trustees should be sued in their legal corporate names as provided in R.S. art. 2748; Crystal Falls Common School Dist. v. Sanders, Tex. Civ. App.
The judgment of the trial court is reversed and the injunction is dissolved. *146