State ex rel. School Dist. No. 4 v. School Dist. No. 3
| Decision Date | 19 December 1911 |
| Citation | 141 S.W. 1111,238 Mo. 407 |
| Parties | STATE ex rel. SCHOOL DIST. NO. 4 et al. v. SCHOOL DIST. NO. 3 et al. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Grundy County; G. W. Wanamaker, Judge.
Quo warranto by the State, on the relation of School District No. 4 and others, against School District No. 3 and others. From a judgment for defendants, relators appeal. Transferred to Kansas City Court of Appeals.
Hall & Hall, for appellants. O. G. Bain & Son, for respondents.
This is an appeal from a judgment of the circuit court of Grundy county. The appellants are School District No. 4 of said county and the board of directors thereof. The respondents are School District No. 3 and the board of directors of that district. Appellants, by leave of court, brought this action in quo warranto for the purpose of ousting respondents from exercising any right or franchise, as a school district, in and over certain territory described in the information. The territory in controversy, as claimed by respondents, had recently been detached from relator school district and added to respondent school district, and the legality of the proceedings, in thus attempting to change the boundary line, was the issue in the case. Upon a trial, judgment was rendered for respondents, and relators appealed to this court.
The record discloses no constitutional question or other ground of appellate jurisdiction of this court. A school district is not "a political subdivision of the state" within the meaning of section 12, art. 6, of the Constitution. School Dist. v. Boyle, 182 Mo. 347, 81 S. W. 409; School Dist. v. Burris, 84 Mo. App., loc. cit. 662; State ex rel. v. Andrae, 216 Mo. 617, 116 S. W. 561.
As this court is without jurisdiction, it is ordered that the case be transferred to the Kansas City Court of Appeals, the court to which the appeal should have been granted.
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