Town of Pearsall v. Woolls

• Decision Date: 05 April 1899
• Citation: 50 S.W. 959
• Parties: TOWN OF PEARSALL et al. v. WOOLLS.
• Court: Texas Court of Appeals

50 S.W. 959

TOWN OF PEARSALL et al. v. WOOLLS.

Court of Civil Appeals of Texas.

April 5, 1899.

Appeal from district court, Frio county; M. F. Lowe, Judge.

Action by N. A. Woolls against the town of Pearsall and others. From a judgment for plaintiff, defendants appeal. Modified and affirmed.

W. O. Read, J. T. Bivens, Magus Smith, and I. N. Spann, for appellants. Mason Maney and R. W. Hudson, for appellee.

JAMES, C. J.

The petition, filed September 9, 1898, was for a mandamus to the board of school trustees of the town of Pearsall to recognize plaintiff, N. A. Woolls, as teacher in the public schools of the town. A temporary injunction was sued out, restraining defendants from interfering with plaintiff in the performance of the duties of such teacher. The petition alleges, in substance: That on April 22, 1898, Mrs. N. A. Woolls was, by a resolution of said board of trustees (the town being duly organized for school purposes under the general law), employed to teach in said public school for the term beginning September 1, 1898 (she having been one of the teachers for the term beginning September 1, 1897, and for a long time prior thereto). That she accepted the employment made by said resolution, which contract was on June 27, 1898, ratified by the town of Pearsall, and a written contract signed for such employment by plaintiff and a majority of the trustees. That on July 9, 1898, a new board of trustees repudiated plaintiff's said contract, and refused to recognize it, and attempted to make contracts with other persons as teachers in the place of petitioner, in utter disregard of her said contract of employment; and on same date plaintiff, N. A. Woolls, filed her written protest against such action, gave notice of appeal, and took an appeal to the superintendent of public instruction of the state, which appeal was duly considered upon a full hearing, the town of Pearsall appearing; and the said superintendent on August 12, 1898, rendered his decision on such appeal, as follows: "The action of the board of trustees in attempting to repudiate this contract is declared null and void; and the board is directed to recognize Mrs. N. A. Woolls in her capacity as teacher in the public schools of Pearsall, and to permit her to exercise all the rights and privileges which are due her under the provisions of the law, and the contract made by her and a majority of the trustees of the district,"— which decision is alleged to be in full force and effect, and never appealed to the board of education. That on August 27, 1898, petitioner presented to the board of trustees her written request for its obedience to said decision, but they refused to do so, and passed a resolution directing that the schools be opened on September 19, 1898, and that they recognized as assistant teachers in said schools defendants Lora Allen, May Hendrick, and Rosa Bass, and no others; and said trustees decided to have only said three assistant teachers, who were to take the place of petitioner and two others, who likewise held valid contracts to teach for the year beginning in September, 1898. That said Lora Allen, May Hendrick, and Rosa Bass are claiming a right to teach for said term, and one of these will attempt to usurp the place of petitioner,—which one, plaintiff is unable to say, because the trustees have failed to designate which grade they were to teach, etc. There are allegations made to show that plaintiff has no other remedy than by mandamus, but these we do not consider material in this case. She prays for mandamus to compel the town and the board of trustees to observe and comply with the decision of the state superintendent, by recognizing petitioner as a teacher in the public schools of that town, and to issue her proper vouchers for her compensation under her contract, and the treasurer to pay them, in accordance with law. She also prayed for a temporary injunction restraining the trustees, and also the said three new employés, from interfering with plaintiff in the exercise of her duties as teacher under her said contract, and enjoining the town of Pearsall from paying out any money to said three new employés, or to any other person, which is necessary to pay petitioner her salary under her contract, and that upon final hearing a peremptory mandamus be awarded, and the said injunction perpetuated, in pursuance of the above allegations. The alternative writ of mandamus and the temporary injunction were issued at the commencement of the proceeding, and it appears that plaintiff became the incumbent of the position when the schools reopened. There were demurrers, and a general denial, and also a special answer, in behalf of all defendants except Rosa Bass, who disclaimed. The special answer set up: (1) That at the time of plaintiff's alleged contract the same trustees made contracts with other teachers for the scholastic year beginning in September, 1898, all of which were as valid as that of plaintiff; and said contract, if enforced, would create a deficiency in the school fund for that year. (2) That plaintiff's contract, if any, was made with three of the then trustees (C. H. Beever, Mason Maney, and J. D. Eldridge), who assumed to act for the board without authority, and over the protest of the other members; that said contract was made four...