State Ex Rel. Bennett v. Clarendon Independent School District

Over a contest of our jurisdiction based on the “election contest” subdivision of Article 1821, Vernon’s Texas Civ. Stats. 1 , we granted this writ of error to review the action of the Court of Civil Appeals in affirming the dismissal of the suit by the trial court on the ground that, while the action was one of quo warranto in the name of the State to test the validity of a school district consolidation, the State was, in effect, not validly a party. For the opinion of the court below, see 287 S.W. 2d 279. The cause was submitted to us without oral argument.

As to the jurisdictional contest,…