Lane v. Finney

• Decision Date: 11 January 1955
• Docket Number: No. 22153,R-II,22153
• Parties: J. S. LANE (Plaintiff), Appellant, v. James O. FINNEY, Trustee of Bucklin Township, Linn County, Missouri, and Frank Hoskins, Treasurer and Ex-Officio Collector of Linn County, Missouri (Defendants), Respondents, and Reorganized School District(Intervenor), Respondent.
• Court: Missouri Court of Appeals

Page 521

274 S.W.2d 521

J. S. LANE (Plaintiff), Appellant, v. James O. FINNEY, Trustee of Bucklin Township, Linn County,

Missouri, and Frank Hoskins, Treasurer and Ex-Officio

Collector of Linn County, Missouri (Defendants),

Respondents, and Reorganized School District R-II

(Intervenor), Respondent.

No. 22153.

Kansas City Court of Appeals, Missouri.

Jan. 11, 1955.

H. K. West, Brookfield, for appellant.

Harry L. Porter, Marceline, for respondents.

CAVE, Presiding Judge.

Plaintiff filed a petition seeking to enjoin the defendants from paying to the officers of Reorganized District R-II certain school funds.

The petition alleged that plaintiff was a resident and taxpayer of Bucklin Township and Warren School District No. 61 of Linn County; that James O. Finney was the duly elected and qualified trustee of Bucklin Township, and defendant Frank Hoskins was the duly elected and qualified treasurer and ex officio collector of Linn County; that on May 2, 1952, a purported and pretended election was held in Warren School District No. 61, wherein the voters of said district voted to be annexed to said Reorganized District R-II; that said purported election was wholly void, because (1) upon the establishment of the Linn County Board of Education in August, 1948, and at all times thereafter, Warren School District No. 61 was under the jurisdiction of said board, which was proceeding, and at all times thereafter had been proceeding, to place said Warren School District in a reorganized district, and that at no time had the board of education ever placed said Warren School District in District R-II, where this pretended and purported election would undertake to place said Warren District; that having acquired jurisdiction over the territory of Warren District, the Linn County Board of Education still retains jurisdiction over the territory thereof and has never relinquished said jurisdiction for any purpose, and that District R-II cannot acquire jurisdiction over said Warren District by this election or in any way except as provided by the Reorganization School Laws of the State; and (2) that said purported election held on May 2, 1952, was void because another and prior election was held in August, 1951, by which a proposition for annexation was submitted to the voters of Warren District, in which it was proposed that they determine whether or not said district should be divided and part thereof annexed to District R-II and part to the Oak Dale District, and that said proposal was rejected by the voters; however, under the school laws of this state, no election can be held within two years from the date of the election held in August, 1951. The petition further alleged that the defendants are custodians of funds used in support of schools in Warren District and that unless restrained they will pay over to District R-II and the officers thereof, money and funds which have come or may hereafter come into their hands as the property of said Warren District, and that said Warren District will be deprived of the funds to which it is lawfully entitled and the tax money of this plaintiff will be erroneously converted and paid into School District R-II, and that Warren District will be deprived of its share of tax money and additional taxation will be required from the taxpayers of Warren District, including this plaintiff, to pay the costs of schools in said district. The prayer of the petition asked the court to enjoin the defendants from paying over or releasing any such school funds to any person or persons other than the properly elected authorities of Warren School District No. 61.

The petition was filed in the Circuit Court of Linn County on the 3d day of May, 1952, and summons was issued and served on the same date. The defendants filed no pleading or motion. However, on the 14th day of May, 1952, the Reorganized School District R-II filed an application to intervene because of its interest in the school fund, and that the defendants would not adequately represent it in the pending suit. This motion was sustained and District R-II filed a petition alleging that at a duly called election held on May 2, 1952, Warren School District voted to annex to District R-II and that thereafter, District R-II accepted said Warren District, as provided by law; that the petition filed by the plaintiff constitutes an attack upon the validity of said annexation, and thereby directly challenges the legal status of District R-II; that the election on May 2, 1952, for the annexation of Warren District to District R-II was in all respects legal, and denied the allegations of illegality set out in plaintiff's petition; and prayed the court to declare said annexation election to be valid and order the defendants to pay to District R-II all tax monies in their possession which had been levied and collected upon property in said Warren District.

Thereafter, intervenor, District R-II, filed a motion to dismiss plaintiff's petition for the reason that said petition constitutes a collateral attack on the validity of the election of annexation of Warren School District, and that such an attack cannot properly be made by suit for injunction against the defendants named in the petition. This motion was overruled. Whereupon, intervenor filed application for change of venue and the cause...