Stephens v. Dodds
| Decision Date | 21 June 1922 |
| Docket Number | (No. 2046.) |
| Citation | 243 S.W. 710 |
| Parties | STEPHENS et al. v. DODDS et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Fisher County; W. R. Chapman, Judge.
Suit by D. W. Stephens and others against J. M. Dodds and another to contest an election in a school district for the levy of a tax. From a judgment dismissing the suit upon plaintiffs declining to amend after general exception to the petition was sustained, plaintiffs appeal. Affirmed.
M. A. Hopson, of Roby, for appellants.
Beall, Beall & Beall, of Sweetwater, for appellees.
This is an appeal from a judgment of the trial court upon sustaining a general exception to plaintiffs' petition and dismissing the cause upon plaintiffs' declining further to amend. D. W. Stephens and others, styling themselves contestors, sued J. M. Dodds and D. L. Langham, styled contestees, alleging, in substance, that J. M. Dodds is president and D. L. Langham is secretary of Royston independent school district No. 38, Fisher county, Tex., and other named parties members of the board of trustees. The contestants allege they each reside in the district and are legally qualified resident property taxpayers therein and own property and are qualified voters in the district; that on the 22d day of June, 1921, a petition signed by J. H. McKay and others was presented to the board of trustees, asking for an election in said district to determine whether or not there should be a tax not to exceed $1 on the $100 valuation of taxable property in the district for the purpose of supplementing the state school fund; on the 22d day of June the board ordered an election to be held on the 14th day of June, 1921, and posted notices of election; that the election was held on that date, and on the 16th day of June, 1921, the board canvassed the returns and declared the election carried in favor of the tax, and on said date levied a tax for interest and sinking fund at 25 cents and a total maintenance tax of 75 cents on the $100 valuation, and appointed the county tax assessor and county tax collector to assess and collect the taxes for the year 1921; that within 30 days the contestants filed suit in the district court of Fisher county, No. 1077, against the board, contesting the legality of said election on the ground set out in the original petition, which is attached to and made a part of the petition in this action declared upon; that at the September term of the court, and on the 5th day of September, 1921, the court entered a decree declaring the above election illegal and void, and that the same be annulled and set aside; that on the 3d day of August, 1921, after having been served with notice of the above contest and while the contest was still pending, and before they had filed an answer therein, and before a final hearing and disposition of the cause, the board of trustees met on said day, and without authority of law rescinded all of its former orders and passed an order that the election held was illegal and void and procured another petition to be presented to the board, asking for another election on the same subject, and on said date ordered an election to be held on the 3d day of September, 1921, which was held on that day, as ordered, and the board canvassed the return and declared the election had in favor of the tax; that the board had no authority under the Constitution to rescind its said order for said election held on July 14, 1921, and no authority to declare the election thereunder illegal and void; that the district court had jurisdiction of said cause under the Constitution and laws, and until it was legally decided by such court the board was without authority to hold another election to determine if the tax should be levied. The prayer was that the court declare the second order and election null and void. The petition in the former suit was attached to the petition in this case. Therein it was alleged the former election was null and void because the petition for the election, order for election, and notice were illegal and void, on the grounds, among other things, that the district had a bond tax of 25 cents on each $100 valuation, and also a maintenance tax of 25 cents on the $100 valuation, and the same should have been an increase of the maintenance tax in the district. The attached original petition appears to be largely upon the insufficiency of the petition for the election, order, and notice therefor. The copy of the order in the petition fails to show that the tax to be voted upon was the maintenance tax for schools in that district, as required by the statutes.
We agree with appellant that the trustees had no authority under the Constitution and laws to declare the result of the election held July 14, 1921, illegal and void. Its judgment so entered will not affect the matter and will not bind any one. Contested elections for other purposes than the election of officers must also be tried in the district court. If the election was illegal and fraudulently conducted, these matters constitute ground for a contest, and hence must be tried in the district court. If the trustees, on account of the conduct in holding the election,...
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Parr v. United States
...303, both stating that an action will lie to enjoin the collection of taxes on the ground of the Trustees' fraud; and Stephens v. Dodds, Tex.Civ.App., 243 S.W. 710, suggesting that a referendum conferring on the Trustees the power to tax may be void if the tax is not for the statutory 2. 'A......
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