Lyons v. School Dist. of Joplin

• Decision Date: 08 January 1923
• Docket Number: No. 14538.,14538.
• Citation: 246 S.W. 610
• Parties: LYONS v. SCHOOL DIST. OF JOPLIN et al.
• Court: Missouri Court of Appeals

246 S.W. 610

LYONS v. SCHOOL DIST. OF JOPLIN et al.

No. 14538.

Kansas City Court of Appeals. Missouri.

January 8, 1923.

Appeal from Circuit Court, Vernon County; B. G. Thurman, Judge.

"Not to be officially reported."

Action by C. W. Lyons against the school District of Joplin, Mo., John A. McMillan, and another. Judgment for defendants, and plaintiff appeals. Transferred to Supreme Court.

Owen & Davis and S. H. Claycomb, all of Clinton, for appellant.

George J. Grayston and Haywood Scott, both of Joplin, for respondents.

ARNOLD, J.

This is an action to cancel and remove the cloud cast upon plaintiff's title to certain real estate within the school district of Joplin, Mo., by reason of the apparent lien of certain school taxes extended upon the tax books of Jasper county, and to enjoin the county collector from collecting, or attempting to collect, said taxes.

An amended petition was filed in December, 1921, in Jasper county, and on January 6, 1922, defendants filed a demurrer to the petition. In February, 1922, a change of venue was ordered to the circuit court of Vernon county. The demurrer was sustained, plaintiff refused to plead further, and the petition was dismissed by the court. Thereupon the cause was appealed to this court.

Our conclusion is this case turns upon the meaning to be given to sections 11133 and 11210, Rev. Stat. Mo. 1919, and leads to the construction of the revenue laws of the state, and we are thus deprived of jurisdiction. It follows that we must transfer this case to the Supreme Court, which is accordingly done.

All concur.