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J.A. MARTINE v. SOUTH SAN ANTONIO INDEPENDENT SCHOOL DISTRICT.

Public Schools — Use of School Building — Authority of Trustees — Jurisdiction.

Dissenting from the ruling of the appellate court herein ( 275 S.W. 65) as to the lack of jurisdiction of the court to prevent by injunction an improper use of school property by authority of the trustees, writ of error is refused on the ground that the petition failed to show an abuse of their discretion in the control of the school house by the trustees. (P. 146.)

PER CURIAM:

While we do not doubt the jurisdiction of the District Court over a suit to prevent the improper use of school property, yet since the petition in this case failed to disclose an abuse of discretion on the part of the Trustees such as to give a cause of action to a private citizen, we refuse the application for the writ of error.

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MARTINE v. INDEPENDENT SCHOOL DISTRICT
(Nov 18, 1925)