(Download) "Buckholts Independent School District Et Al. v. Richard L. Glaser Et Al." by Supreme Court of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Buckholts Independent School District Et Al. v. Richard L. Glaser Et Al.
- Author : Supreme Court of Texas
- Release Date : January 21, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Richard L. Glaser and twenty-four other taxpayers in the Buckholts Independent School District sued the School District and its officials to have a bond election declared invalid under the election code. The School District then filed a separate suit seeking a declaratory judgment that the bond proceedings were valid under article 717m-1. The trial court ordered the consolidation of the election contest and the suit for declaratory judgment. The court also granted the School Districts motion to require the taxpayers to post a bond to insure "payment of all damages and costs which may accrue by reason of the delay ... occasioned by the continued participation of the opposing party ... in the proceedings in the event the public agency finally prevails." This procedure is authorized by section eight of article 717m-1. When the taxpayers failed to post the required bond, the trial court dismissed the cause. The court of appeals affirmed the judgment of dismissal; but on motion for rehearing, the taxpayers urged for the first time that the trial judge was disqualified. Art. 200a, ? 6. The court of appeals took judicial knowledge of the fact that the trial judge resided in the county of the contested election and then held that the trial courts judgment of dismissal was void. 625 S.W.2d 419. We reverse the judgment of the court of appeals and affirm the trial courts judgment of dismissal.