Metalab Equipment Co. v. Spring Branch Independent School District

COLEMAN, Justice.

This is an appeal from a judgment sustaining a plea in abatement and dismissing this cause. Appellant sued for the balance due on the contract price of certain laboratory equipment. Appellee’s plea in abatement was based on the lack of jurisdiction of the trial court to hear the case by reason of the failure of appellant’s petition to allege, or otherwise show, that appellant had requested a hearing on the claim before the Board of Trustees of the School District and had prosecuted an appeal to the proper school authorities.

In Jud v. City of San Antonio, 143 Tex. 303, 184…