Hydesburg Common School Dist. of Ralls County v. Rensselaer Common School Dist. of Ralls County, 40714.

Decision Date11 October 1948
Docket NumberNo. 40714.,40714.
PartiesHYDESBURG COMMON SCHOOL DIST. OF RALLS COUNTY et al. v. RENSSELAER COMMON SCHOOL DIST. OF RALLS COUNTY.
CourtMissouri Supreme Court

Appeal from Circuit Court, Ralls County; Roy B. Meriwether, Judge.

Action by the Hydesburg Common School District of Ralls County and others against the Rensselaer Common School District of Ralls County. Judgment for plaintiffs, and defendant appeals.

Cause transferred to the St. Louis Court of Appeals.

Fuller, Fuller & Ely, of Hannibal, for appellant.

Rendlen, White & Rendlen, of Hannibal, for respondents.

TIPTON, Presiding Judge.

The parties to this appeal are four common school districts of Ralls County. We are confronted with the question of our jurisdiction raised sua sponte.

Both appellant and respondents state in their briefs that this court has jurisdiction of this appeal because each of these four school districts is a political subdivision of the State within the meaning of Section 3 of Article V of our present Constitution, Mo.R.S.A. This section reads: "The supreme court shall have exclusive appellate jurisdiction * * * in all civil cases where the state or any county or other political subdivision of the state * * * is a party." This section is almost identical with Section 12 of Article VI of our Constitution of 1875 and, therefore, our ruling in reference to the Constitution of 1875 should be followed.

"We have definitely and positively ruled that a school district (such as the real party in interest herein) does not fall within the meaning of the clause `political subdivision of the state,' as used in section 12, article 6, of the Constitution, and therefore that we have no appellate jurisdiction of a cause by reason of the single fact that a school district is a party to such cause. School District No. 4 v. School District No. 3, 238 Mo. 407, 141 S.W. 1111; School District v. Boyle, 182 Mo. 347, 81 S.W. 409." State ex rel. Cravens, to Use of Consolidated School Dist. No. 2 of Worth County v. Thompson et al. 322 Mo. 444, 17 S.W.2d 342, loc. cit. 345. See, also, Normandy Consolidated School District of St. Louis County v. Wellston Sewer District of St. Louis County et al., Mo.Sup., 74 S.W.2d 621.

The record discloses no other possible ground that would give us jurisdiction of this appeal.

This court being without jurisdiction to entertain the appeal, the cause is transferred to the St. Louis Court of Appeals.

All concur.

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9 cases
  • Cooper v. School Dist. of Kansas City
    • United States
    • Missouri Supreme Court
    • May 14, 1951
    ...is not such a political subdivision of the state as to give this court jurisdiction of an appeal. Hydesburg Common School Dist. v. Rensselaer Common School Dist., Mo.Sup., 214 S.W.2d 4. The essential purpose of the suit is to enjoin the certification of the results of the election and while......
  • Consolidated School Dist. No. 1 of Jackson County v. Bond
    • United States
    • Missouri Court of Appeals
    • September 4, 1973
    ...18 S.W.2d 26 (Mo.1929); Normandy Consol. Sch. Dist. v. Wellston Sewer Dist., 74 S.W.2d 621 (Mo.1934); Hydesburg Common School Dist. v. Rensselaer Common Sch. Dist., 214 S.W.2d 4 (Mo.1948); Young v. Brassfield, 223 S.W.2d 491 (Mo.1949); State ex rel. Fredericktown Sch. Dist. No. 20 v. Underw......
  • Nichols v. Reorganized School Dist. No. 1 of Laclede County
    • United States
    • Missouri Supreme Court
    • January 14, 1963
    ...within the meaning of Art. V, Sec. 3, Constitution of Missouri 1945, V.A.M.S. See Hydesburg Common School Dist. of Ralls County v. Rensselaer Common School Dist. of Ralls County, Mo., 214 S.W.2d 4. When the object of the suit is for relief other than a money judgment, the amount involved mu......
  • State ex rel. Kugler v. Tillatson
    • United States
    • Missouri Supreme Court
    • April 8, 1957
    ...Education of Consolidated School Dist. No. 1 of Holt County, Mo.Sup., 18 S.W.2d 26; Hydesburg Common School District of Ralls County v. Rensselaer Common School Dist. of Ralls County, Mo.Sup., 214 S.W.2d 4; Young v. Brassfield, Mo.Sup., 223 S.W.2d 491. We, therefore, hold that we do not hav......
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