Bear v. Donna Independent School Dist., 9566.
| Decision Date | 18 July 1934 |
| Docket Number | No. 9566.,9566. |
| Citation | 74 S.W.2d 179 |
| Parties | BEAR v. DONNA INDEPENDENT SCHOOL DIST. et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Hidalgo County; Fred Bennett, Judge.
Suit by George V. Bear against the Donna Independent School District and others. From a judgment of dismissal, the plaintiff appeals.
Affirmed.
J. S. Bracewell, of Houston, for appellant.
Strickland, Ewers & Wilkins, of Mission, for appellees.
Appellant, George V. Bear, instituted this suit in the Ninety-Third district court of Hidalgo county, against appellees, Donna Independent School District, its board of school trustees, and Harris G. Carter, seeking a temporary injunction restraining appellees and each of them from asserting the invalidity of appellant's contract as superintendent of the Donna Independent School District, or from denying his right to exercise all the powers, privileges, and duties of such office, or from in any manner interfering therewith, or from dispossessing him of said office and the equipment now in his possession, and that they be restrained and enjoined from refusing to execute and issue appellant vouchers for his services, and that upon final hearing said injunction be made perpetual.
Appellees answered by filing a plea in abatement seeking to have appellant's cause of action dismissed for want of jurisdiction in the district court, appellant having failed to apply to the higher school authorities for relief before invoking the jurisdiction of the courts. The trial court sustained the plea in abatement, and George V. Bear has prosecuted this appeal.
Appellant alleged in his petition, among other things, that the Donna Independent School District was created by virtue of a special act of the Thirty-Sixth Legislature (Sp. Acts 1919, c. 81); that appellant had been superintendent of this district for a number of years; that under the provisions of a contract executed on March 14, 1931, appellant had been employed as superintendent of said district for a period beginning on July 1, 1931, and ending on June 30, 1934, at a salary of $4,200 per annum, together with certain expense money; that on the 8th day of March, 1934, the board of trustees of this district re-elected appellant as superintendent for a period of three years, at a salary of $3,000 per annum, and $25 per month for car expense, this three-year term beginning on the 1st day of July, 1934, and ending on the 30th day of June, 1937. That shortly after the making of this last contract there was a change in the personnel of the board of school trustees, and on May 2, 1934, without notice or hearing to appellant, the new board of school trustees elected appellee Harris G. Carter superintendent of the schools of this district, for a period of one year, beginning June 1, 1934, and the president of the school board notified appellant, by letter, that his services were terminated June 1, 1934, and that as a result of this transaction appellee Carter is openly asserting title to said office and asserting the right to enter upon the execution of same from June 1, 1934, and threatening to oust appellant therefrom; and that the school board, acting together with Carter, is asserting title to said office and the right of Carter to occupy the same, and is denying the validity of appellant's contracts, both of March 14, 1931, and March 8, 1934, and threatening to deny him access to the records of the superintendent's office, and the right to exercise the functions of his employment; that unless restrained by the action of the court the said Carter, with the aid, connivance, and acquiescence of the majority of the board of trustees, will usurp and take possession of said office and oust appellant and not permit him to perform the duties pertinent thereto, and will fail and refuse to issue to him vouchers for services which may be rendered by the terms of his contract; and that he will thus suffer irreparable damages and injury.
This appeal presents the correctness of the trial court's action in sustaining the plea in abatement to appellant's petition. It is unquestionably the general rule that in matters involving the administration...
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