Benton v. Long

On Motion for Rehearing.

GRAVES, Justice.

The motion of plaintiffs in error for a rehearing thus indites the original opinion in this cause:

“This Honorable Court in its opinion has held as an abstract proposition that injunction will not lie to restrain an order of the Commissioners’ Court made pursuant to election forming a school district, and that quo warranto and election contest are the exclusive remedies.

“We believe the law is that injunction will lie when such orders and election are void, for want of lawful authority, and believe that in passing upon such case the court should consider…