Fluellen v. County Board of Education, 5783.
| Decision Date | 12 May 1947 |
| Docket Number | No. 5783.,5783. |
| Citation | 202 S.W.2d 510 |
| Parties | FLUELLEN et al. v. COUNTY BOARD OF EDUCATION OF DALLAS COUNTY et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Dallas County; W. M. Cramer, Judge.
Suit by Fred Fluellen and others against the County Board of Education of Dallas County, Tex., and others to restrain defendants temporarily from disposing or removing property of school for colored children, to declare void the action of the named defendant in abolishing the high school at such school, and to command the defendants to provide equal and adequate high schools for negro children, and to continue the high school for negro children. From a judgment in favor of the defendants, the plaintiffs appeal.
Judgment affirmed.
R. L. H. Rice, of Dallas, for appellants.
A. J. Thuss, Jr., Warren Cook, and Storey, Sanders, Sherill & Armstrong, all of Dallas, for appellees.
The appellants in this case are four negroes, Fred Fluellen, John Gray, Wash Grant and Clayton Booth, who reside in the School Districts of Vickery, Walnut Hill, Addison, and Richardson. These school districts are located in Dallas County, Texas. The appellants are suing for themselves and on behalf of their minor children of scholastic age and on behalf of all other negro citizens and their minor children of scholastic age, who are similarly situated in these four school districts.
As named in appellants' petition, the appellees to this suit are The County Board of Education of Dallas County; Dr. Joe P. Harris, County Superintendent; The Board of Education of the City of Dallas; W. T. White, Superintendent of the Public Schools of the City of Dallas; the School Districts of Addison and Richardson, together with their superintendents, and the Vickery and Walnut Hill School Districts.
The objects of this suit as stated by appellants in their petition are these: The court is asked to grant a temporary restraining order forbidding appellees from disposing of or removing any of the property of the Bonner School; and, upon a final determination of the matter, the court is asked to declare void the action of the Dallas School Board in abolishing the Anderson Bonner High School, that the court command the appellees to provide equal and adequate high schools for negro children of high school age, and that the court order appellees to continue the Anderson Bonner High School as a high school for the education of negro children.
Briefly, these are the facts surrounding this case. Immediately north of Dallas Texas, are situated the contiguous Independent School Districts of Vickery, Addison, and Richardson and the Common School District of Walnut Hill. The Vickery Independent School District, which had previously been annexed to the City of Dallas for municipal purposes, was, in December, 1945, annexed to the Dallas School District; and in June, 1946, the Walnut Hill Common School District was added to the Dallas School District. Within the Vickery Independent School District is located the Anderson Bonner School. In their brief appellants refer to the Bonner School as the Anderson Bonner Rural High School, whereas appellees identify the school as the Anderson Bonner School. For the purposes of this opinion we refer to this building and school as the Bonner School. For some twenty years the Bonner School has furnished educational facilities, both elementary and high schoool, to the negro scholastics of these four districts. After the annexation of Vickery to the Dallas School District, the negro scholastics from the four districts were permitted to finish the school year which terminated June, 1946. At the conclusion of the school year, the Dallas Board of Education, determining that the facilities of the Bonner School were inadequate for both elementary and high school students, ordered the high school negro scholastics of Vickery and Walnut Hill to report to the Booker T. Washington High School for the next year. This high school is maintained by the Dallas Independent School District and is located in the City of Dallas for negro students of the high school grades. The Bonner School was to be continued as an elementary school for negro scholastics.
The trial court refused the appellants the temporary restraining order; and at a...
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...for injunctive relief will lie until petitioner therefor has exhausted all of his legal remedies. Fluellen v. County Board of Education of Dallas County, Tex.Civ.App., 202 S.W.2d 510. When appellant filed this action it assumed the burden of pleading affirmatively and proving, among other t......
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...remedy to its final conclusion, which they did not do before appealing to the courts in this controversy. Fluellen v. Board of Education of Dallas County, Tex.Civ.App., 202 S.W.2d 510; Donie Independent School Dist. v. Freestone, etc., School District, Tex.Civ.App., 127 S.W.2d 205; Plains C......
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Rawson v. Brownsboro Independent School Dist.
...rests upon those applying for an injunction to plead affirmatively the necessary facts, not legal conclusions. Fluellen v. County Board of Education, Tex.Civ.App., 202 S.W.2d 510. Moreover the pleader must negative every hypothesis on which the alleged wrongful act might be lawful. Port Art......