State ex rel. and to Use of Hickory County v. Davis, 22483

• Decision Date: 25 June 1956
• Docket Number: No. 22483,22483
• Citation: 292 S.W.2d 322
• Parties: The STATE of Missouri, at the Relation and to the Use of HICKORY COUNTY, Missouri, et al., Plaintiffs-Respondents, v. Alva L. DAVIS, M. A. Holt, C. B. Hart, Lester Turner, Paul Palmer, W. A. Samples, A. A. Mitchell, J. E. Briggs, D. O., Buel Pippins, Noble Downs and W. H. Sutt, Defendants-Appellants.
• Court: Missouri Court of Appeals

Page 322

292 S.W.2d 322

The STATE of Missouri, at the Relation and to the Use of

HICKORY COUNTY, Missouri, et al., Plaintiffs-Respondents, v. Alva L. DAVIS, M. A. Holt, C. B. Hart, Lester Turner, Paul

Palmer, W. A. Samples, A. A. Mitchell, J. E.

Briggs, D. O., Buel Pippins, Noble Downs

and W. H. Sutt, Defendants-Appellants.

No. 22483.

Kansas City Court of Appeals, Missouri.

June 25, 1956.

George H. Miller, Sedalia, F. M. Brady, Warsaw, C. P. Junge, Cole Camp, for appellants.

Poague, Poague & Brock, Haysler A. Pogue, Barkley M. Brock, Clinton, Ralph Nevins, Hermitage, for respondents.

CAVE, Judge.

This is a suit on the official bond of Alva L. Davis, ex-county treasurer of Hickory County, Missouri.

The petition alleges that the suit is brought in the name of the state 'at the relation and to the use of the County of Hickory * * *'; and to the use and relation of certain school districts of that county; that Davis was, on certain dates, treasurer of Hickory County, and as such had given an official bond to said county for the faithful performance of the duties of his office, and to disburse all moneys coming into his hands as county treasurer, according to law; and that Davis had breached said bond by failing to account for all moneys received by him as county treasurer.

The cause was tried to a jury resulting in a verdict for the defendants, but on motion, the court set aside the verdict and entered a judgment 'in favor of the plaintiff and against the defendant in the sum of $6631.64.' The defendants appealed.

The question of our jurisdiction is not raised by the parties, but it is our duty to do so.

The suit is on a county official's bond and is properly brought 'in the name of the state'; and at the relation and to the use of the County of Hickory; and certain school districts. Sections 522.020, 522.080, RSMo 1949, V.A.M.S. Thus, Hickory County is a proper party of record and a party in interest. Under such circumstances, exclusive jurisdiction of the cause is in the supreme court. Section 3, Art. V, 1945 Constitution, V.A.M.S. State ex rel. Ozark County v. Tate, 109 Mo. 265, 18 S.W. 1088; Fort Osage Drainage Dist. of Jackson County v. Jackson County, Mo., 275 S.W.2d 326; and Howell County to Use of School Fund v. Cook, Mo.App., 48 S.W.2d 88.

This exact question of jurisdiction was decided in State ex rel. Ozark County v. Tate, supra. The court construed what was then Section 882, and is now Section 522.080, supra. This section reads: ...