On Motion for Rehearing.
We are of the opinion that the cbunty school board of Floyd county had no original jurisdiction to enter any order locating the Center sehoolhouse in Center school district.
Article 2681, R. C. S. of Texas, provides and authorizes the county school board to exercise ⅛⅞ authority heretofore vested in the commissioners’ court with respect to subdividing the county into school districts and making changes in school district lines, and then ■provides further: “Said trustees shall call an annual joint meeting of the district and county school trustees of the county to be held at the county seat at some convenient season in August or September of each year, to be presided over by the chairman of the county school trustees- They shall consider questions dealing with the location of high schools and the teaching of high school subjects, the classification of schools and such other matters as may pertain to-the location, conduct, maintenance and discipline of schools, the terms thereof, and other matters of interest in-school affairs of the county, and the county school trustees shall be guided in their action by the result of the deliberation of such meeting, not inconsistent with law. * * * ”
The county board is permitted by that portion of the article last quoted to act in conjunction with the meeting of the district trus-teed to consider questions dealing with the location of high schools and the teaching of high school subjects. It is apparent from the language that such regulatory action must be in conjunction with the district trustees, and, further, the language used indicates, hot the location of sehoolhouses in the districts, but whether high schools shall be created and located in any certain common school district.
The record discloses that the common school trustees had located the new school-hotfse upon a certain tract of land in Center common school district. Without an appeal from this order the county board decreed its ocation on another tract in said district; hence, no appeal having been perfected from the rule and order of the common school trustees, the county board was without jurisdiction to enter the order passed by them. Hibbitts et al. v. Robison et al. (Tex. Civ. App.) 281 S. W. 574.
The county board having no original.authority to enter the order they did, and there being no appeal from the order of the common school trustees locating the sehoolhouse, the ■order of the common school trustees became final, and it was error on the part of the district court to render the jtidgment it did render.
For the reason that tlie disposition of the case made in the original opinion is correct, we again approve it, and the motion for rehearing is overruled.