BD. OF TRUSTEES OF TOBASCO CONSOL. INDEP. SCHOOL DIST. v. Edwards

Court of Appeals of Texas

BD. OF TRUSTEES OF TOBASCO CONSOL. INDEP. SCHOOL DIST. v. Edwards

311 S.W.2d 872, 1958 Tex. App. LEXIS 1890

CourtCourt of Appeals of Texas

DecidedMarch 21, 1958

Docket13351

StatusPublished

Cited by5 cases

This text of 311 S.W.2d 872 (BD. OF TRUSTEES OF TOBASCO CONSOL. INDEP. SCHOOL DIST. v. Edwards) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

BD. OF TRUSTEES OF TOBASCO CONSOL. INDEP. SCHOOL DIST. v. Edwards, 311 S.W.2d 872, 1958 Tex. App. LEXIS 1890 (Tex. Ct. App. 1958).

Pincite

Opinion

PER CURIAM.

Hamp Edwards filed this mandamus suit to compel the Trustees of the Tabasco Consolidated Independent School District of Hidalgo County to place his name on the ballot for an election o-f trustees. The trial court granted the mandamus and the School District superseded the order and appealed.

On February 15, 1958, Edwards filed a written request that his name be placed on the ballot for the election to be held on April 5th. The Board had ordered that requests for names to be placed on the ballot should be filed not later than March 5, 1958, at Five o’clock P.M. The Board considered Edward’s request to be an insufficient compliance with the terms of its order. He filed this suit on March 11, and the trial court entered its mandamus order on March 15th. The School District appealed and the record was filed in this Court on March 17th. The cause was argued in this Court on March 21st

*873 We do not pass upon the merits, since the case is moot. Absentee balloting started on March 17th, and this is a mandamus action with further right of appeal. The election is already in progress, and the cause must be dismissed. Taylor v. Nealon, 132 Tex. 60, 120 S.W.2d 586; Iles v. Walker, 132 Tex. 6, 120 S.W.2d 418; Benavides v. Atkins, 132 Tex. 1, 120 S.W.2d 415; Skelton v. Yates, 131 Tex. 620, 119 S.W.2d 91; Sterling v. Ferguson, 122 Tex. 122, 53 S.W.2d 753; Greenwood v. City of El Paso, Tex.Civ.App., 186 S.W.2d 1015.

The cause is ordered dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Hamp Edwards filed this mandamus suit to compel the Trustees of the Tabasco Consolidated Independent School District of Hidalgo County to place his name on the ballot for an election o-f trustees. The trial court granted the mandamus and the School District superseded the order and appealed.

On February 15, 1958, Edwards filed a written request that his name be placed on the ballot for the election to be held on April 5th. The Board had ordered that requests for names to be placed on the ballot should be filed not later than March 5, 1958, at Five o’clock P.M. The Board considered Edward’s request to be an insufficient compliance with the terms of its order. He filed this suit on March 11, and the trial court entered its mandamus order on March 15th. The School District appealed and the record was filed in this Court on March 17th. The cause was argued in this Court on March 21st

*873 We do not pass upon the merits, since the case is moot. Absentee balloting started on March 17th, and this is a mandamus action with further right of appeal. The election is already in progress, and the cause must be dismissed. Taylor v. Nealon, 132 Tex. 60, 120 S.W.2d 586; Iles v. Walker, 132 Tex. 6, 120 S.W.2d 418; Benavides v. Atkins, 132 Tex. 1, 120 S.W.2d 415; Skelton v. Yates, 131 Tex. 620, 119 S.W.2d 91; Sterling v. Ferguson, 122 Tex. 122, 53 S.W.2d 753; Greenwood v. City of El Paso, Tex.Civ.App., 186 S.W.2d 1015.

The cause is ordered dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

311 S.W.2d 872, 1958 Tex. App. LEXIS 1890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-trustees-of-tobasco-consol-indep-school-dist-v-edwards-texapp-1958.

Opinion

Related

Cite This Page — Counsel Stack