Cook v. Jackson

Full title: L. G. COOK v. C. R. JACKSON

Court: Supreme Court of Texas

Date published: Oct 20, 1937

109 S.W.2d 160 (Tex. 1937)

109 S.W.2d 160

Opinion

No. 6937.

Decided October 20, 1937. Rehearing overruled December 1, 1937.

Schools and School Districts.

In the matter of determining questions regarding administration of school affairs appeal should be taken to the proper school authorities before applying to the courts for relief.

Error to the Court of Civil Appeals for the Second District, in an appeal from Young County.

Suit by C. R. Jackson against L. G. Cook, county superintendent of the public schools of Young County, to recover on twelve warrants, of which he was the owner, in the sum of $27.00 each, drawn by the trustees of the twelve different school districts in the county in payment of supplies and material, which the county superintendent had refused to approve. A plea to the jurisdiction of the court was sustained by the trial judge. This judgment was reversed and remanded by the Court of Civil Appeals ( 82 S.W.2d 154), and defendant has brought error to the Supreme Court.

The case was referred to the Commission of Appeals, Section B, for their opinion thereon and the Supreme Court adopted same and ordered judgment entered in accordance therewith.

Judgment of the Court of Civil Appeals is reversed and that of the trial court is affirmed.

E. M. Remington, Fred T. Arnold, and Marshall King, all of Graham, for plaintiff in error.

Renfro McCombs and Wm. Endress, Jr., of Dallas, for defendant in error.

MR. JUDGE MARTIN delivered the opinion of the Commission of Appeals, Section B.

Judgment was entered by the trial court in this case for plaintiff in error Cook. The Fort Worth Court of Civil Appeals reversed and remanded that judgment. See Jackson v. Cook, 82 S.W.2d 154, where the facts are fully stated.

The law questions presented, and the controlling facts, are precisely identical in this case with those of Palmer Publishing Co. v. Smith, this day decided. [ 130 Tex. 346]. Upon this latter authority, and for the reasons stated in the opinion therein, the judgment of the Court of Civil Appeals in the present case is reversed and that of the trial court is affirmed.

Opinion adopted by the Supreme Court October 20, 1937.

Rehearing overruled December 1, 1937.