74 S.W.2d 415 | Tex. App. | 1934
This is an attack upon the validity of the organization of Leona consolidated high school district in Leon county, Tex. Suit was instituted by appellants, Brack Wilson and three others, in their respective individual capacities, as resident electors, property taxpayers, and parents of children of scholastic age within the purported limits of said high school district and also within the limits of former common school district No. 43 of said county, against appellee Mary Jane Reed, county superintendent of schools of said county, the several county school trustees of said county, and the several trustees of said high school district, to enjoin them and each of them from asserting or claiming that said common school district No. 43 had been annexed to said high school district, and from in any way interfering with the control and management of the schools of said common school district No. 43 by the trustees thereof. Appellees' allegations were in general terms. The most material of such allegations were, in substance, that on and prior to August 25, 1930, common school district No. 43 was duly organized and functioning as such, with a suitable building and regular terms of school; that on or about said date said district No. 43 was, by the county school trustees, annexed to the then existing Leona high school district No. 2; that such annexation was in pursuance of an election held throughout the territory embraced in the proposed enlarged district, which election resulted in an affirmative vote in favor of annexation; that such election was ordered by the county judge of said county, and not by the county school trustees thereof; that the county judge was without lawful authority to order such election; and that the same was void and of no effect, and such annexation as aforesaid was therefore also void. Appellants also alleged that since such annexation the trustees of said high school district had abolished the school theretofore taught in district No. 43, had removed the school building therefrom, and had appropriated the funds belonging thereto. Appellants further alleged that the system of transportation instituted by the high school district for conveying the children within scholastic age in former district No. 43 from their respective homes, to the school in which they were taught, was insufficient and at times incapable of operation on account of the condition of the roads.
The case was submitted to the court for final adjudication, and appellees' general *416 demurrer to appellants' petition was sustained and the cause dismissed.
Appellants alleged that the order of annexation was made August 25, 1930. They made further allegations tending to show that the enlarged district had been recognized as such and had claimed corporate capacity and exercised corporate powers since that time. The Legislature, in 1933, passed an act (Acts 1933, c.
The validity of the Leona rural high school district after its enlargement by the annexation of said common school district No. 43 could not be attacked in the manner attempted in this case, and the judgment of the trial court is therefore affirmed. *417