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SCHOOL BOARD OF CITY OF MARSHALL v. STATE

No. A-8050.

343 S.W.2d 247 (1961)

SCHOOL BOARD OF the CITY OF MARSHALL et al., Petitioners, v. STATE of Texas, by the CRIMINAL DISTRICT ATTORNEY ex rel. Don WARBRITTON et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 15, 1961.

Attorney(s) appearing for the Case

Gaines Baldwin, Smith & Hall, Marshall, Hart & Hart, Austin, for petitioners.

Jones, Brian & Jones, Marshall, for respondents.

WALKER, Justice.

This is a direct attack by quo warranto on an ordinance extending the corporate limits of the City of Marshall for school purposes only to embrace the territory of the Woodlawn Common School District No. 13. The ordinance is challenged on the ground that the petition requesting such extension was not signed by a majority of the resident qualified voters of the affected area as required by Article 2803, Vernon's Ann.Tex.Civ.Stat. In response to the...

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