Metalab Equipment Co. v. Spring Branch Independent School Dist., 14312
| Decision Date | 02 April 1964 |
| Docket Number | No. 14312,14312 |
| Citation | 378 S.W.2d 347 |
| Parties | METALAB EQUIPMENT COMPANY, Appellant, v. SPRING BRANCH INDEPENDENT SCHOOL DISTRICT, Appellee. |
| Court | Texas Court of Appeals |
William W. Byrd, Houston, for appellant.
Ernest A. Knipp, Houston, for appellee.
This is an appeal from a judgment sustaining a plea in abatement and dismissing this cause. Appellant sued for the balance due on the contract price of certain laboratory equipment. Appellee's plea in abatement was based on the lack of jurisdiction of the trial court to hear the case by reason of the failure of appellant's petition to allege, or otherwise show, that appellant had requested a hearing on the claim before the Board of Trustees of the School District and had prosecuted an appeal to the proper school authorities.
In Jud v. City of San Antonio, 143 Tex. 303, 184 S.W.2d 821, the Supreme Court of Texas held:
'It is familiar law that jurisdiction is the power to hear and determine a controversy, which, of course, includes the power to decide whether or not a pleading filed in the court is sufficient to state a cause of action as against the exceptions filed thereto. Morrow v. Corbin, 122 Tex. 553, 62 S.W.2d 641; Texas Employers' Ins. Ass'n v. Ezell, Tex.Com.App., 14 S.W.2d 1018; 11 Tex.Jur. p. 711 et seq., Sec. 9.
'By Texas Rule of Civil Procedure, No. 90, it is provided that a general demurrer shall not be used. To dismiss a plaintiff's case upon sustaining a plea to the jurisdiction on the ground that his petition is insufficient to state a cause of action when he is praying for judgment for an amount within the jurisdiction of the Court, is even a more summary proceeding than to sustain a general demurrer. This is true for the reason that, upon sustaining a demurrer the Court does not dismiss the case until the plaintiff has been afforded an opportunity to amend, whereas, upon sustaining such plea the plaintiff is not afforded that opportunity.
'* * *
While Jud v. City of San Antonio seems to be...
To continue reading
Request your trial
-
Swilley v. Hughes, B--3118
...Royalty Pool v. Kemper, 170 S.W.2d 849 (Tex.Civ.App.--Galveston 1943, writ ref'd); Metalab Equipment Co. v. Spring Branch Ind. Sch. Dist., 378 S.W.2d 347 (Tex.Civ.App.--Houston 1964, writ ref'd n.r.e.), reversed with per curiam opinion 381 S.W.2d 48 (Tex.1964); Weisenberger v. Lone Star Gas......
-
Liberty Mut. Ins. Co. v. City of Fort Worth, 17629
...Ragsdale, 520 S.W.2d 839 (Fort Worth Civ.App., 1975, no writ hist.). In the case of Metalab Equipment Co. v. Spring Branch Ind. Sch. Dist., 378 S.W.2d 347 (Tex.Civ.App.--Houston, 1964, writ ref., n.r.e.), reversed with per curiam opinion 381 s,.W.2d 48 (Tex.Sup., 1964), the Court of Civil A......
-
Garcia v. Angelini, 4126
...of school authorities pertain only to such matters as are placed by law under their jurisdiction. Metalab Equipment Company v. Spring Branch Independent School District, 378 S.W.2d 347, (CCA 1964, n.r.e., 381 S.W.2d 48). As stated in 51 Tex.Jur.2d 'It was not the intention of the legislatur......
-
Spring Branch Independent School Dist. v. Metalab Equipment Co.
...shown that it had exhausted the remedy of appeal to the proper school authorities. The Court of Civil Appeals reversed and remanded. 378 S.W.2d 347. In our opinion this action does not embrace a complaint relating 'to a matter properly belonging to the administration of school laws.' The ac......