State ex rel. Heath v. County Court for New Madrid County, 46500
| Decision Date | 08 June 1959 |
| Docket Number | No. 2,No. 46500,46500,2 |
| Citation | 324 S.W.2d 662 |
| Parties | STATE ex rel. Mrs. Connie HEATH, Relatrix-Appellant, v. COUNTY COURT FOR NEW MADRID COUNTY, Missouri, and Albert Beis, Guy Calvin and O. R. Rhoodes, or Their Successors, Defendants-Respondents |
| Court | Missouri Supreme Court |
Sharp & Hatley, Charles C. Hately, New Madrid, for appellant.
J. V. Conran, New Madrid, for respondents.
BARRETT, Commissioner.
Connie Heath instituted this action in mandamus against Albert Beis, Guy Calvin and O. R. Rhodes, the duly elected, qualified and acting judges of the County Court of New Madrid County. In general, it appears from the record that the Conran-Gideon Special Road District was incorporated in 1923 and in the course of its existence issued $22,200 worth of road bonds. The relatrix-appellant is the owner of one of these $1000 bonds and, apparently, in that capacity instituted the action. Subsequently the road district was dissolved and the County Court of New Madrid County appointed Mr. R. F. Baynes trustee of the district and Mr. Baynes administered his trust until his death in December 1952, without, however, making a full report and without paying all of the district's obligations, including the relatrix' $1000 bond. It is alleged in her petition that the County Court of New Madrid County, although requested to do so, has refused to appoint a successor trustee to complete the liquidation of the road district and pay its outstanding obligations. The prayer of the relatrix's petition is for a writ of mandamus commanding the judges of the county court to perform 'the duties devolved upon them by law and to appoint a (successor) trustee for the said Conran-Gideon Special Road District' to the end that he may perform the duties 'required of him by law.' After a motion to dismiss and quash the alternative writ and to dismiss the relatrix' petition and after certain 'Stipulations' between the parties, the circuit court sustained the motions and dismissed the relatrix' petition. The relatrix has lodged her appeal in this court, asserting that jurisdiction of her appeal is in this court 'because it is an action by Appellant against the Judges of the County Court of New Madrid, Missouri and hence is a civil action wherein a county is the real party in interest.'
The county may be interested in the outcome of the litigation but it does not follow that the county is a party to the action so as to confer jurisdiction of the appeal on this court. The suit was not instituted against the county in its official name and character and there was no service of process upon the county clerk (V.A.M.S. Sec. 506.150(4)), consequently the county is not in point of fact a party to the...
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State ex rel. State Highway Commission v. Camden County
...subsequent course of inaction removed itself from the case and is no longer 'a party to the record' [State ex rel. Heath v. County Court for New Madrid County, Mo., 324 S.W.2d 662, 663(3)] for appellate jurisdictional purposes. Witt v. City of Webster Groves, Mo., 383 S.W.2d 723, 725(1). In......