Wichita Common School Dist. No. 11 v. Dickens Independent School Dist. of Dickens County

206 S.W.2d 885, 1947 Tex. App. LEXIS 818
CourtCourt of Appeals of Texas
DecidedOctober 13, 1947
DocketNo. 5822
StatusPublished
Cited by17 cases

This text of 206 S.W.2d 885 (Wichita Common School Dist. No. 11 v. Dickens Independent School Dist. of Dickens County) 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
Wichita Common School Dist. No. 11 v. Dickens Independent School Dist. of Dickens County, 206 S.W.2d 885, 1947 Tex. App. LEXIS 818 (Tex. Ct. App. 1947).

Opinion

STOKES, Justice.

This suit was instituted by the' appellee; Dickens Independent School District of Dickens County, against the appellees, the County Board of School Trustees, the Commissioner’s Court of Dickens County, and the appellants, Patton Springs Consolidated Common School District No. 22 and Wichita Common-School District No. 11 of Dickens County. The purpose of the suit was to obtain a declaratory judgment as to the validity of an election held in the Wichita and Patton Springs Common School Districts to determine whether or not the districts should be .consolidated under the provisions of Article 2806, Vernon’s Annotated Civil Statutes.

The record shows that, under an order entered by the county judge and the provisions of Art. 2806, elections were held in the Wichita and Patton .Springs districts on the 22nd of March, 1947, and that a majority of the qualified electors in each district voted in favor of consolidating the two districts. By authority of an order [886]*886entered by the County Board of School Trustees of Dickens County on the 28th of February, 1947, an election was held in the Wichita Common School District and the Dickens Independent School District to determine whether or not those two districts should be grouped and formed into a rural high school district, and a majority of the qualified electors in those two districts voted in favor of the proposition to group them under the provisions of Articles 2922a and 2922c.

The case was submitted to the court without the intervention of a jury and resulted in a judgment declaring the election called by the County Judge of Dickens County to determine the question of consolidation of the Wichita and Patton Springs districts to be void and of no effect, and decreeing as valid the grouping of the Wichita Common School District with the Dickens Independent School District in accordance with the majority vote in the election of March 29, 1947, authorized by the order of the County Board of School Trustees of Dickens County. The Wichita and Patton Springs Common School Districts duly excepted, gave notice of appeal and have perfected their appeal to this court.

The case is presented here upon a single assignment of error in which appellants contend the court erred in holding the order of the county judge ordering the election for the consolidation of the Wichita Common School District No. 11 and the Patton Springs Consolidated Common School District No. 22 to be void because, they say, the order of the county judge calling the election and the proceedings observed in accomplishing it had precedence in jurisdiction over the action of the County Board of School Trustees of Dickens County, and the election upon consolidation of March 22nd was therefore valid.

The assignment of error and contentions of the parties resolve the entire controversy into the question of jurisdiction, appellants contending that jurisdiction to institute and conduct the election upon the question of consolidating the two common school districts was acquired on February 27, 1947, when a petition was presented to the county judge by twenty legally qualified voters in each district requesting that an election be called in the two districts to determine whether or not they should be consolidated; while appellees contend that no jurisdiction to call the election attached until the county judge entered an order calling the same which was the afternoon of February 28, 1947. On the morning of February 28, the County Board of School Trustees of Dickens County adopted a resolution calling the election to determine the question of grouping the Wichita district with the Dickens Independent district and their contention is that the resolution, having been adopted prior to the time the county judge entered' his order in the afternoon of the same day, the jurisdiction of the county board had already attached when the county judge’s order was entered.

The record shows that, about noon on February 27, 1947, a petition signed by more than twenty qualified electors of each the Wichita district and the Patton Springs-district was presented to the County Judge of Dickens County in which he was requested to issue the necessary order for an election to be held in the two districts for the purpose of determining whether or not the two common school districts should be consolidated for school purposes. The county-judge accepted the petition and immediately instituted an investigation to determine whether or not it complied with the law and the signers were legally qualified; voters. He did not complete the investigation until the next day and about three-o’clock that afternoon, when he became satisfied the petition met the requirements of the law, he entered an order calling the election in the two districts for March 22,. 1947. Shortly before noon on February 28, 1947, the county board of school trustees-convened in a called session and entered an order calling an election for March 29,. 1947, in the Wichita Common School District and the Dickens Independent School District to determine whether or not the-two districts should be grouped under the provisions of Articles 2922a and 2922c. Both of the elections called for by the two* orders were duly held and both of them re-[887]*887suited in-majority votes for consolidation under Article 2806 and for grouping under the provisions of Articles 2922a and 2922c.

The record shows that the combined area embraced by the Dickens Independent School District and the Wichita Common School District is greater than 100 square miles. Under Article 2922a the County Board of School Trustees of Dickens County had authority to form the high school district comprising the independent district and the Wichita Common School District but, since the combined area is greater than 100 square miles, an election was necessary and.the board had authority under Article 2922c to call the election for March 29, 1947. Under Article 2806 the County Judge of Dickens County had authority to call'the election for March 22, 1947, upon the petition of twenty qualified voters of each the Wichita Common School District and the Patton Springs Common School District. The county judge and the County Board of School Trustees of Dickens County were therefore co-ordinate bodies, and it is settled law in this state that the tribunal which first acquires jurisdiction of a matter over which another tribunal has co-ordinate jurisdiction retains the jurisdiction so acquired and no cp-ordinate tribunal has any right to interfere with it. State ex rel. George v. Baker, 120 Tex. 307, 40 S.W.2d 41; Lynn County School Board v. Garlynn Common County Line School Dist., Tex.Civ.App., 118 S.W.2d 1070.

It is the universal rule as far as we can ascertain that, as between courts of coordinate jurisdiction, the court first acquiring jurisdiction has the right to retain it until it has completely disposed of allj matters and issues involved and, in the Baker case, supra, the Supreme Court held that the same rule applies to school authorities. If the County Judge of Dickens County acquired jurisdiction of the subject matter on February 27, 1947, when the petition requesting him to call the election of March 22, 1947, was presented to him, therefor, appellants are correct in their contention that the election was valid and the Wichita and Patton Springs Common School Districts were legally consolidated.

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Bluebook (online)
206 S.W.2d 885, 1947 Tex. App. LEXIS 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wichita-common-school-dist-no-11-v-dickens-independent-school-dist-of-texapp-1947.