Legal Opinion

Gray v. Ingleside Independent School Dist.

Court of Appeals of Texas

Decided February 28, 1920No. 9341Published

Appeal from District Court, Young County; Wm. N. Bonner, Judge. Suit by T. G. Gray and others against the Ingleside Independent School District and others. Judgment for defendants, and plaintiffs appeal.

1Opinion

On Motion for Rehearing.

Appellees urge that, even though the law which provided for the creation of the Ingle-side independent school district was not effective at the time of the election of the trustees, yet such trustees, so elected by the voters and performing the duties of the office, would be de facto officers, and that their status could not be questioned except by a quo warranto proceeding instituted by the state.

[3] In order for there to be a de facto officer there must be a de jure office. Lower Terrebonne Refining & Mfg. Co. v. Police Jury of Parish of Terrebonne, 115 La. 1019, 40…

2Cases cited6 opinions

  1. Norton v. Shelby CountySupreme Court of the United States · 1886
  2. Williams v. . BoyntonNew York Court of Appeals · 1895
  3. Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
  4. Lower Terrebonne Refining & Manufacturing Co. v. Police JurySupreme Court of Louisiana · 1906
  5. Beresford v. DonaldsonNew York Supreme Court · 1907

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