275 S.W. 1083 | Tex. App. | 1925
"And by `contest' here is meant, we think, a suit in which the validity of the election, or the correct ascertainment of the result thereof, is the subject-matter of litigation in a court having jurisdiction to hear and determine such issue."
This being an election contest, brought some six months after the election was held, and no notice of the contest having been served on appellees, nor any one else, as required by our statutes, the court had no jurisdiction to hear and determine same. Articles 3051, 3052, 3053, 3054, also 3077 and 3078, Revised Statutes; Garitty v. Halbert (Tex.Civ.App.)
Our statutes regulating the manner of holding a school tax election are merely directory, and a departure from their provisions will not ordinarily invalidate an election, unless such departure or such irregularity has affected or changed the result of the election. Hill et al. v. Smithville, etc. (Tex.Com.App.)
We think the trial court was correct in sustaining appellees' general demurrer and special exceptions. Finding no reversible error in the record, the judgment of the trial court is in all things affirmed.