Weaver v. Board of Trustees, Etc., A-370.

• Citation: 183 S.W.2d 443
• Decision Date: 22 November 1944
• Docket Number: No. A-370.,A-370.
• Parties: WEAVER et al. v. BOARD OF TRUSTEES OF WILSON INDEPENDENT SCHOOL DIST. et al.
• Court: Supreme Court of Texas

183 S.W.2d 443

WEAVER et al. v. BOARD OF TRUSTEES OF WILSON INDEPENDENT SCHOOL DIST. et al.

No. A-370.

Supreme Court of Texas.

November 22, 1944.

Certified Questions from Court of Civil Appeals of Seventh Supreme Judicial District.

Action by C. C. Weaver and others against the Board of Trustees of the Wilson Independent School District and others to enjoin sale by defendants of specific real and personal property. The Court of Civil Appeals, 182 S.W.2d 140, affirmed a judgment refusing a temporary injunction, and certified certain questions of law to the Supreme Court.

Certificate dismissed.

Truett Smith, of Tahoka, and Underwood, Johnson, Dooley & Wilson and J. B. Dooley, all of Amarillo, for appellants.

Nelson & Brown, of Lubbock, for appellee.

ALEXANDER, Chief Justice.

In the above cause the Court of Civil Appeals has certified certain questions of law to this Court. The appeal is from an interlocutory order of the trial court refusing an application for a temporary injunction in a school consolidation case. The main action is not one over which the jurisdiction of the Court of Civil Appeals is made final by the provisions of Article 1821, R.C.S., Vernon's Ann.Civ.St. art. 1821. It has been held by this Court that under the provisions of Revised Statutes Article 4662 the Supreme Court has jurisdiction to review, by writ of error, the ruling of the trial court in granting or refusing a temporary injunction where the main case out of which the application for injunction grew is one over which the Supreme Court has jurisdiction. Houston Oil Co. of Texas v. Village Mills Co., 109 Tex. 169, 202 S.W. 725; Spence v. Fenchler, 107 Tex. 443, 449, 180 S.W. 597; 24 Tex.Jur. 286, § 230.

Under these circumstances it is the general policy of this Court, as authorized by Rule 461 of the Texas Rules of Civil Procedure, that in the absence of circumstances which would make it more expedient that the case be presented on certified questions rather than on application for writ of error, we will decline to allow such cases to be presented to the Court on certified questions. Duval v. Clark, 138 Tex. 186, 157 S.W.2d 626.

There are two reasons why we think we should follow the policy above indicated. In the first place, in the vast majority of cases the judgment finally rendered by the Court of Civil Appeals is correct, and it becomes unnecessary for this Court to grant an application for writ of error. In the second place, in many instances it is...