Hydesburg Common School Dist. of Ralls County v. Rensselaer Common School Dist. of Ralls County, 40714.
Decision Date | 11 October 1948 |
Docket Number | No. 40714.,40714. |
Parties | HYDESBURG COMMON SCHOOL DIST. OF RALLS COUNTY et al. v. RENSSELAER COMMON SCHOOL DIST. OF RALLS COUNTY. |
Court | Missouri 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.
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.
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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