Spilker v. Bethel Special School Dist. of Shelby County, 27989
Decision Date | 19 December 1950 |
Docket Number | No. 27989,27989 |
Citation | 235 S.W.2d 78 |
Parties | SPILKER et al. v. BETHEL SPECIAL SCHOOL DIST. OF SHELBY COUNTY et al. |
Court | Missouri Court of Appeals |
R. Wilson Barrow, Macon, Ted A. Bollinger, Shelbyville, for appellants.
Lane B. Henderson, Shelbina, Rendlen & Rendlen, Branham Rendlen, all of Hannibal, for respondents.
This is a suit brought by plaintiffs, Walter Spilker and Carol Claggett, against Bethel Special School District of Shelby County, Missouri, and C. E. Swisher, C. F. Zeigler, H. V. Dutton, J. W. Lair, Carl Pflum, and Claud Dodd, Directors of said School District, as defendants, to enjoin said defendants from exercising any authority or control over the money, property and other assets of School District Number Four of Shelby County, commonly referred to as the 'Brick District,' on the ground that the Brick District was not legally annexed to the Bethel District at an election held for that purpose, due to the failure of the directors of said Brick District to observe certain statutory requirements in calling said election, and on account of certain irregularities occurring at said election.
Defendants filed a motion to dismiss plaintiffs' petition on the ground that it failed to state a claim upon which relief could be granted, and on the further ground that plaintiffs did not have legal capacity to bring this action. The court sustained this motion and dismissed the case, and from the judgment of dismissal plaintiffs have appealed.
Plaintiffs' petition is as follows:
'Come now the plaintiffs herein and for their cause of action state:
'(1) That plaintiffs are and were at all the times hereinafter mentioned residents of and tax payers in School District Number Four (4), commonly called the Brick District, of Shelby County, Missouri, hereinafter referred to as the Brick District.
'(2) That the defendants are the directors of the Bethel Special School District of Shelby County, Missouri, and said School District.
'(4) The plaintiffs further state to the court that the special school meeting or election was held on the 28th day of July, 1949, for the purpose of voting for or against annexation of the Brick District to a city, town, consolidated or village school district, or, particularly, to the defendant Special School District; that the meeting or election was called to order and the polls were opened at 1 o'clock p.m. for the purpose of casting ballots on the aforesaid issue; that the polls closed and all votes were cast by 1:30 o'clock p.m.; that there are approximately fifty-two (52) eligible voters in the Brick District but that at the said election only nine (9) votes were cast, all of which being for annexation; that at 2 o'clock p.m., a legally qualified voter appeared at the polling place with the intention and purpose to cast his ballot but found the polls closed and no one present; that said voter by reason of the action in closing the polls at such an early hour was denied the right to cast his ballot; that by reason of such failure to keep the polls open the required length of time as provided by Section 10418, Revised Statutes of Missouri, 1939, [Mo.R.S.A.]; of which statute plaintiffs pray the court to take judicial notice, that is, from 2 o'clock p.m. until 6 o'clock, p.m., other voters were denied the right to...
To continue reading
Request your trial-
State ex rel. Hand v. Bilyeu, R-1
...County, v. Purported Enlarged School District R-11, De Kalb County, 362 Mo. 848, 245 S.W.2d 13, 21; Spilker v. Bethel Special School Dist. of Shelby County, Mo.App., 235 S.W.2d 78, 80; State ex rel. Smith v. Gardner, Mo.App., 204 S.W.2d 319, 322; State ex rel. Burns v. Johnston, Mo., 249 S.......
-
Walker Reorganized School Dist. R-4 v. Flint
...of the reorganized district and the attempted action by them is in the nature of a collateral attack.' In Spilker v. Bethel Special School District, Mo.App., 235 S.W.2d 78, 80, it was held, 'The same principle should apply to a case such as the one at bar, where the legality of an annexatio......
-
Spiking School Dist. No. 71, DeKalb County v. Purported 'Enlarged School Dist. R-11, DeKalb County, Mo.'
...supra; Bonderer v. Hall, supra, 205 S.W. 542; State ex rel. Smith v. Gardner, supra, 204 S.W.2d 319; Spilker v. Bethel Special School District Shelby County, Mo.App., 235 S.W.2d 78. The refusal of the prosecuting attorney of DeKalb County or the Attorney General of the State, as alleged, to......
-
Watts v. Gross
...state can only be maintained by the state itself in a proceeding in the nature of quo warranto. See also Spilker v. Bethel Special School Dist. of Shelby County, Mo.App., 235 S.W.2d 78; and Lane v. Finney, Mo.App., 274 S.W.2d 521. However, it should be noted that the plaintiffs are not here......