London Independent School Dist. v. Thomerson

• Decision Date: 22 June 1949
• Docket Number: No. 11997.,11997.
• Citation: 223 S.W.2d 314
• Parties: LONDON INDEPENDENT SCHOOL DIST. et al. v. THOMERSON et al.
• Court: Texas Court of Appeals

Page 314

223 S.W.2d 314

LONDON INDEPENDENT SCHOOL DIST. et al. v. THOMERSON et al.

No. 11997.

Court of Civil Appeals of Texas. San Antonio.

June 22, 1949.

Rehearing Denied July 13, 1949.

Price Daniel, Attorney General, Chester E. Ollison, Austin, M. C. Blackburn, Junction, Gaynor Kendall, Austin, for appellants.

Runge & Hardeman, San Angelo, for appellees.

W. O. MURRAY, Justice.

This is an appeal by the London Independent School District of Kimble County and others from a judgment of the District Court of Menard County decreeing as follows:

"1. That Saline Common School District No. 4 and Hext Common School District No. 18 have been legally annexed to Menard Independent School District pursuant to an election held in said three mentioned districts on the 26th day of May, 1948.

"2. That the orders of the Commissioners Courts of Menard County and Kimble County entered on the 14th day of June, 1948, declaring Saline Common School District No. 4 to have been consolidated with London Independent School District in Kimble County were ineffective, invalid and did not affect the consolidation of said Saline Common School District No. 4 with London Independent School District.

"3. It is further ordered, adjudged and decreed by the Court that the Tax Collector of Menard County, Texas, be and he is hereby restrained from paying to London Independent School District any portion of the money collected for school purposes for the year 1948 and subsequent years on property situated within Saline Common School District No. 4 in Menard County, Texas."

The cause was submitted to the court without the intervention of a jury upon an agreed statement of facts, the pertinent parts of which are as follows:

"2. On the 3rd day of May, 1948, the County Board of School Trustees of Menard County, Texas, being in regular session, there was presented to the said County Board of School Trustees a Petition signed by J. A. Landon and 82 others, all residents of Menard County, Texas, requesting the County Board of School Trustees of Menard County `to order an election to annex Saline Common School District #4, and Hext Common School District #18, to the Menard Independent School District, said election to be held for the purpose of enlarging the Menard Independent School District and to be held under the rules and regulations as set forth by the Articles 2922a and 2922c of the R.C.S.' — copy of the minutes of the session held by the County Board of School Trustees of Menard County on May 3, 1948, is attached hereto marked `Exhibit A' and made a part hereof for all pertinent purposes.

"3. The County Board of School Trustees of Menard County, Texas, did not on May 3, 1948, order the election requested by the petition of Landon and others, but deferred entering such order for future consideration.

"4. That on the 5th day of May, 1948, the London Independent School District of Kimble County, Texas, was validly organized and existing public school corporation, having the powers of and being duly constituted as an Independent School District under the laws of the State of Texas; and on said date the Saline Common School District #4 of Menard County, Texas, was a legally established and existing public school corporation under the laws of the State of Texas.

"5. That on the 5th day of May, 1948, there was filed with and presented to the County Judge of Kimble County, Texas, a petition of and by twenty or a majority of the legally qualified voters of London Independent School District of Kimble County, Texas, praying for the consolidation of said District with Saline Common School District #4 of Menard County, Texas, and for an election to be held in said Independent School District upon the question whether the same should be consolidated with the said Saline Common School District #4.

"6. That on the 5th day of May, 1948, there was filed with and presented to the County Judge of Menard County, Texas, a petition of and by twenty or a majority of the legally qualified voters of Saline Common School District #4 of Menard County, Texas, praying for the consolidation of said District with London Independent School District of Kimble County, Texas, and for an election to be held in said Saline Common School District #4 upon the question whether the same should be consolidated with the said London Independent School District.

"7. That pursuant to the petition filed with the County Judge of Menard County, Texas, as hereinabove stated, the said County Judge of Menard County on the 6th day of May, 1948, entered his order for said election to be held in Saline Common School District #4 of Menard County Texas, on the 27th day of May, 1948, upon the question whether the said Saline Common School District #4 of Menard County, Texas, and London Independent School District of Kimble County, Texas, should be consolidated for school purposes; and did make and give notice of said election as is provided by law in such cases.

"8. That pursuant to the petition filed with the County Judge of Kimble County, Texas, as hereinabove stated, the said County Judge of Kimble County, Texas, on the 6th day of May, 1948, entered his order for said election to be held in the London Independent School District of Kimble County, Texas, on the 27th day of May, 1948, upon the question whether the said London Independent School District of Kimble County, Texas, and the Saline Common School District #4 of Menard County, Texas, should be consolidated for school purposes; and did duly make and give notice of said election as is provided by law in such cases.

"9. That on the 27th day of May, 1948, in obedience to the order entered by the County Judge of Menard County, Texas, there was held in Saline Common School District #4 of Menard County, Texas, an election upon the question of consolidation of said district and London Independent School District; and a majority of the qualified voters, voting at such election, voted in favor of said consolidation; and due return of said election was made by the officers of election to the Commissioners' Court of Menard County, Texas, as provided by law.

"10. That on the 27th day of May, 1948, in obedience to the order entered by the County Judge of Kimble County, Texas, there was held in the London Independent School District of Kimble County, Texas, an election upon the question whether said district and the Saline Common School District of Menard County, Texas, should be consolidated for school purposes; and a majority of the qualified voters, voting at such election, voted in favor of said consolidation; and due return of said election was made as provided by law by the officers of election, to the Commissioners' Court of Kimble County, Texas.

"11. That the Commissioners' Court of Menard County, Texas, at the meeting of said Court on June 14, 1948, duly canvassed the returns of election held on May 27, 1948, in the Saline Common School District #4, as hereinabove stated, and declared that a majority of the voters voting at said election had voted in favor of the proposition of consolidation, and the said Commissioners' Court of Menard County, Texas, did thereupon declare said Saline Common School District #4 of Menard County, Texas, to be consolidated with London Independent School District of Kimble County, Texas, for school purposes.

"12. That the Commissioners' Court of Kimble County, Texas, at the meeting of said Court on June 14, 1948, duly canvassed the returns of election held on May 27, 1948, in the said London Independent School District of Kimble County, Texas, as hereinabove stated, and declared that a majority of the voters voting at said election had voted in favor of the proposition of consolidation, and the said Commissioners' Court of Kimble County, Texas, did thereupon declare the said London Independent School District of Kimble County, Texas, to be consolidated with the Saline Common School District #4 of Menard County, Texas, for school purposes.

"13. That no contest of said election in either the Saline Common School District #4, or the London Independent School District has been filed or instituted, and that more than thirty days has elapsed since the date of said elections, and no notice of intention to contest the same, or either of them, has been filed.

"14. That on the 6th day of May, 1948, the County Board of School Trustees of Menard County, Texas, convened in special session, and upon further consideration by said Board of the request of Landon and others for an election on the question of annexation of Saline Common School District #4 and the Hext Common School District #18 to the Menard Independent School District, the said County Board of School Trustees of Menard County on the 6th day of May entered its order for `an election to be held on the 26th day of May, A.D. 1948, * * * for the purpose of annexing Saline Common School District #4 and Hext Common School District #18 to the Menard Independent School District as provided for in Article 2922a-2922c of the Revised Civil Statutes.' Said election was ordered to be held within the territory embraced by Saline Common School District # 4, Hext Common School District # 18, and Menard Independent School District of Menard County, Texas, the three being contiguous districts. A copy of the minutes of the session held by the County Board of School Trustees of Menard County on the 6th day of May, 1948, is attached hereto marked `Exhibit B', and made a part hereof for all pertinent purposes.

"15. Thereafter, on the 26th day of May, 1948, there was held in the territory embraced by Saline Common School District #4, Hext Common School District #18 and Menard Independent School District, the election ordered by the County Board of School Trustees of Menard County, Texas, on the 6th day of May, 1948, and on the 27th day of May, 1948, the County Board of School Trustees of Menard County, canvassed the returns of the said election held on May 26th...