Normandy Consol. School Dist. v. Wellston Sewer Dist.
| Decision Date | 18 September 1934 |
| Docket Number | No. 32166.,32166. |
| Parties | NORMANDY CONSOL. SCHOOL DIST. OF ST. LOUIS COUNTY v. WELLSTON SEWER DIST. OF ST. LOUIS COUNTY et al. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, St. Louis County; Julius R. Nolte, Judge.
Action by the Normandy Consolidated School District of St. Louis County, a corporation, against the Wellston Sewer District of St. Louis County, a corporation, and another. Judgment for plaintiff, and named defendant appeals.
Appeal transferred to the St. Louis Court of Appeals.
John E. Mooney and Harry E. Wiehe, both of St. Louis, for appellant.
Jacob M. & Arthur V. Lashly, of St. Louis, for respondent.
This cause was instituted by Normandy consolidated school district of St. Louis county, Mo., against Wellston sewer district of St. Louis, Mo., and the collector of revenue of St. Louis county, Mo., to have certain taxes, which had been levied and assessed against the school district's real property, decreed null and void and the record entries thereof removed, and by way of further relief to have said sewer district and said collector enjoined from attempting to collect said taxes. From a judgment in favor of plaintiff school district, the defendant sewer district alone has appealed.
We are confronted with the question of our jurisdiction raised sua sponte. The only possible grounds are those specified in section 12 of article 6, Constitution of Missouri, as modified by sections 3 and 5 of Amendment of 1884 and statutes enacted pursuant thereto. The record shows that the amount in dispute is considerably less than the minimum that would give the Supreme Court jurisdiction. The only constitutional question that ever appeared in the case was not kept alive after the filing of the motion for a new trial; hence this ground of appellate jurisdiction does not exist. Moore v. United Rys. Co. of St. Louis et al., 256 Mo. 165, 165 S. W. 304; State v. Goad, 296 Mo. 452, 246 S. W. 917, 918; Cooper County Bank v. Bank of Bunceton, 310 Mo. 519, 276 S. W. 622, 624. Construction of the revenue laws of the state is not involved because the taxes in question are based on special assessments. State ex rel. Broughton v. Oliver, 273 Mo. 537, 201 S. W. 868, 870. Title to real estate is not involved because it is not in issue. Nettleton Bank v. McGaughey's Estate, 318 Mo. 948, 2 S.W.(2d) 771, 774. Respondent school district is not a political subdivision of the state within the...
To continue reading
Request your trial
-
Consolidated School Dist. No. 1 of Jackson County v. Bond
...(Mo.1957); State ex rel. Miller v. Bd. of Education of Consol. School Dist. No. 1, 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......
-
Young v. Brassfield
...are not state officers. Hill v. Hopson, 221 Mo. 103, 120 S.W. 29, loc. cit. 31(2); Normandy Consolidated School Dist. of St. Louis County v. Wellston Sewer Dist. of St. Louis County, Mo.Sup., 74 S.W.2d 621, loc. cit. 622; State ex rel. and to Use of Gorman v. Offutt, Mo.Sup., 9 S.W.2d This ......
-
Young v. Brassfield
... ... Eleanor Brassfield, Clerk of the School District No. 72, Mercer County, Missouri, And ... 21 ... C.J.S. 655, Sec. 404; Red School Dist. No. 1 of St. Charles ... County, Mo. v. west ... 103, 120 S.W. 29, l.c. 31 (2); ... Normandy Consolidated School Dist. of St. Louis County v ... Wellston Sewer Dist. of St. Louis County, 74 S.W.2d 621, ... ...
-
Hydesburg Common School Dist. of Ralls County v. Rensselaer Common School Dist. of Ralls County
... ... 444, 17 S.W.2d ... 342, l.c. 345. See, also, Normandy Consolidated School ... District of St. Louis ... County v. Wellston ... ...