Legal Opinion

Kerbow v. Wooldridge

Court of Appeals of Texas

Decided February 23, 1916No. 918Published

Appeal from District Court, Donley County; Hugh L. Umphres, Judge. Action by Mrs. M. A. Wooldridge, as executrix of the will of J. C. Wooldridge, deceased, against H. C. Kerbow and others, in which R. B. Gatlin filed plea in intervention. From the judgment, defendants appeal.

1Opinion

On Motion for Rehearing.

[13] Appellants insist that, since the contract was entered into between the contractor and the trustees, we should presume that the permit required by Vernon’s Sayles’ Oivil Statutes, art. 2904n, was previously issued. By the explicit terms of section 14, c. 120, Acts of 1913 (article 2904o), every disbursing officer of school funds is prohibited from paying out any portion of such fuuds for the construction of a building costing more than $400, until the permit required by the act has been procured; and a violation of this inhibition renders the disbursing officer…

2Cases cited3 opinions

  1. Hardman v. CrawfordTexas Supreme Court · 1902
  2. Anderson v. WalkerTexas Supreme Court · 1902
  3. Thompson v. GallagherCourt of Appeals of Texas · 1903

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