County Board of School Trustees v. Leon Independent School District

On Motion for Rehearing

For the first time on motion for rehearing, appellants take the position that quo warranto is the exclusive method of raising the questions involved in this proceeding. Passing the issue of whether this may be so raised first on rehearing, we do not believe the position is sound.

The general rule is that a collateral attack may not be made in challenging corporate existence, formation or alteration of school districts where there is a colorable compliance with legal requirements, Mesquite Independent School District v. Gross, 123 Tex. 49, 67 S.W.2d 242; or where the…