# Gray v. Ingleside Independent School Dist.

> Court of Appeals of Texas · February 28, 1920 · 220 S.W. 350

URL: https://www.frixlaw.com/law-library/cases/9831830

## Case

- **Full name:** GRAY Et Al. v. INGLESIDE INDEPENDENT SCHOOL DIST. Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** February 28, 1920
- **Citations:** 220 S.W. 350; 1920 Tex. App. LEXIS 319
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Buck
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9831830

## How later opinions describe it (automated extraction)

- noting in dicta that place provisions are mandatory

## Opinion text

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 South. 443 , 112 Am. St. Rep. 291 ; Bedingfield v. First Nat. Bank, 4 Ga. App. 197 , 61 S. E. 30 ; Norton v. Shelby Co., 118 U. S. 425 , 6 Sup. Ct. 1121, 30 L. Ed. 178 ; Williams v. Boyington, 147 N. Y. 426 , 42 N. E. 184 ; Beresford v. Donaldson, 54 Misc. Rep. 138 , 103 N. Y. Supp. 600 ; Village of Canaseraga v. Green, 88 N. Y. Supp. 539 ; People v. Albertson, 8 How. Prac. (N. Y.) 363. Hence any attempted election of trustees prior to June 7, 1919, was a proceeding, not only irregular and informal, but void.
Motion for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9831830. Public record. Not legal advice.