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Randolph v. Sanders

Court of Civil Appeals of Texas, San Antonio

December 13, 1899, Decided

No Number in Original


 [*331]   [**621]  JAMES, Chief Justice. -- The judgment of the District Court was a peremptory mandamus to appellant, city treasurer of Laredo, Texas, commanding him to pay appellee the amount of a warrant for $ 210 for services as school teacher for three months out of the school funds in  [*332]  his hands apportioned to said city for the scholastic year beginning in September, 1898, upon presentation of same.

The court sustained demurrers to appellant's answer, and the latter elected not to amend. The answer set up that during the months  [**622]  of January, February, and March, 1899, there existed in Laredo an epidemic of smallpox, and in consequence thereof the schools were closed during said months; that relator performed no service during said months; that she was entitled to no compensation for said period by reason of the terms of her contract with the board, because it was provided in the contract that she should "receive monthly at the end of each [***2]  and every scholastic month after the services for such shall have been performed the sum of $ 75 (a copy of the contract being annexed to the answer), and she rendered no service whatever for said months for which the warrant held by her had been issued; that such warrant was drawn and issued in violation of section 10 of the city ordinances, in that said ordinances provide that before drawing any warrant "the mayor shall inspect the pay-roll for the public schools of the city and be satisfied that the services were rendered and the salary due," and that these were the reasons of the treasurer for not paying the warrant.

It was alleged in the petition that the control of the schools in the city had been assumed by the city, and was vested in its council, and was exercised under ] an ordinance of June 20, 1887, providing among other things as follows:

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22 Tex. Civ. App. 331 *; 54 S.W. 621 **; 1899 Tex. App. LEXIS 103 ***

D. H. Randolph v. Ernestine Sanders.

Prior History:  [***1]  Appeal from Webb. Tried below before Hon. A. L. McLane.

Disposition: Affirmed.


schools, school board, teacher, public school, scholastic, ordinance, monthly

Business & Corporate Compliance, Education Law, Administration & Operation, Employment Regulations & Rules, Education Law, Elementary & Secondary School Boards, Authority of School Boards, Selection of School Board Members