State v. Barton

• Decision Date: 16 March 1937
• Docket Number: No. 5829.,5829.
• Parties: STATE ex rel. BARNETT SCHOOL DIST. NO. 66, LACLEDE COUNTY v. BARTON, Judge.
• Court: Missouri Court of Appeals

104 S.W.2d 284

STATE ex rel. BARNETT SCHOOL DIST. NO. 66, LACLEDE COUNTY v. BARTON, Judge.

No. 5829.

Springfield Court of Appeals. Missouri.

March 16, 1937.

Rehearing Denied April 23, 1937.

Original proceeding by the State of Missouri, on the relation of Barnett School District No. 66, Laclede County, for a writ of prohibition to W. E. Barton, Judge of the Circuit Court of such county.

Provisional writ made absolute.

Bradshaw & Fields, of Lebanon, for relator.

Phil M. Donnelly, of Lebanon, for respondent.

SMITH, Judge.

This is an original proceeding by the State of Missouri, at the relation of Barnett School District No. 66, Laclede County, Missouri, to prohibit Honorable W. E. Barton, Judge of the Circuit Court of Laclede County, Missouri, from keeping in force or enforcing a certain temporary injunction order issued by him whereby he undertook to enjoin the payment of a school teacher, Bernice Dougan, now engaged in teaching in Barnett School District No. 66, Laclede County, Missouri, which would have the effect of enjoining her from teaching the school. Our provisional rule issued on relator's petition. Respondent filed return and answer thereto, and relator filed reply. The cause now stands on the issues of law raised and the facts conceded by the pleadings.

The relators principal contention here is that the order granting the temporary injunction is in excess of respondent's jurisdiction because not warranted by the allegations of plaintiff's petition upon which the temporary injunction was issued.

The respondent denies that the petition for injunction fails to state facts sufficient to give the circuit court jurisdiction, but on the contrary avers that said petition was filed by resident taxpayers of Barnett School District No. 66, and does state facts sufficient to constitute a cause of action and sufficient to give the circuit court jurisdiction. This necessitates a study of the petition for injunction, which, caption and signature omitted, is as follows:

"(1) Plaintiffs state that they are residents of Laclede County, Missouri, and are tax paying citizens of the Barnett School District No. 66, of Laclede County, Missouri; that each plaintiff has a special interest in said district, especially if indebtedness is created against said school district for which they, as tax payers, are subject to pay and under obligation to pay by reason of owning property in said school district.

"(2) Plaintiffs state that Sidney Everett is the duly elected, qualified and acting Treasurer of Laclede County, Missouri, and as such under the law has charge of the school funds of said Barnett School District No. 66, of Laclede County, Missouri, especially the teachers' fund of said district.

"(3) Plaintiffs further state that the defendents, R. M. Kinchloe and Belle Cottrell, together with the plaintiff, Ben H. Sing, constitutes the Board of Directors of said Barnett School District No. 66, of Laclede County, Missouri.

"(4) Plaintiffs further state that Vera Wood has filed a suit against the Barnett School District No. 66 in Laclede County, Missouri, in the Circuit Court of said County, returnable to the October 1936, term thereof, the general object and nature of said suit being to collect the sum of $480.00; plaintiffs state that the said Vera Wood alleges in her petition in said suit, that the directors of said Barnett School District No. 66, employed her to teach said school for the school year of 1936-37, at a salary of $60.00 per month, janitor work included; said school was to commence July 27, 1936, and continue for a period of eight months; that said agreement was in writing and accepted by the said Vera Wood, and the directors of said school district; plaintiffs further state that the said Vera Wood alleges in her said petition that she was ready, able and willing to teach said school in accordance with her agreement with the directors of said school district, and that she offered to perform all and every condition of said agreement on her part to be performed and that said school district, through its directors, repudiated said agreement and refused to permit plaintiff to teach said school in said district for the said school term, but put another teacher in possession of the school house and said school, and refused to carry out its part of said agreement.

"(5) Plaintiffs further state that according to the best of their knowledge, information and belief said contract of the said Vera Wood made and entered into with the directors of said school district, is a valid and binding obligation upon said school district.

"(6) Plaintiffs further state that after the directors of said district made and entered into the aforesaid contract with Vera Wood, that they did thereafter make and enter into another contract with one Bernice Dougan, to teach said school in said school district for the school term of 1936-37, for the sum of $70.00 or more per month for a term of eight months, and that said Bernice Dougan is now teaching said school; plaintiffs further allege that the Board of Directors of said district have already issued one warrant to her and the same has been paid out of the teachers' fund of said district, and that unless said directors are enjoined and restrained from issuing further warrants to the said Bernice Dougan, that said directors will issue further warrants to the said Bernice Dougan and the same will be paid by the defendant, Sidney Everett, Treasurer of Laclede County, Missouri, and paid out of the teachers' fund of said district, or out of such other funds of said school district as are available for the same.

"(7) Plaintiffs further state that according to the best of their knowledge, information and belief, that said contract of the said Bernice Dougan made and entered into with the directors of said school district is not a valid contract and is illegal and void, and that the said Bernice Dougan has no legal authority to teach the school for the year 1936-37 in said district.

"(8) Plaintiffs further state that if the said Vera Wood is successful in her suit against said district and obtains a judgment against said district for the sum of $480.00 or for any other sum by reason of the validity of said contract, that said judgment will be a valid and existing obligation and lien against the property of the tax payers of said district, and plaintiffs as tax payers of said district, together with other tax payers of said district, will have to pay said judgment; that there will be insufficient funds in said district, particularly in the teachers' fund thereof, to pay the said Bernice Dougan for a term of eight months at $70.00 or more per month, and to also pay the amount of the judgment which the said Vera Wood may obtain against said district if she is successful in her suit now pending as aforesaid; that all the same will create an obligation and indebtedness against the tax payers of said district, of whom these plaintiffs constitute a part.

"(9) Plaintiffs further state that the directors of said school district at the time that said contract was made and entered into with the said Bernice Dougan, did not act in good faith or for the best interest of the tax payers, the patrons of said school and the children of said district; that there was fraud and collusion between the said Bernice Dougan and her husband, and the directors of said District at the time said contract was made and entered into, and that the said contract was made and entered into with the said Bernice Dougan when said directors knew that they had already made and entered into a contract with Vera Wood, a competent and qualified teacher, to teach said school for the 1936-37 term; that the alleged contract with the said Bernice Dougan is for $70.00 or more per month, while the contract which said directors made with the said Vera Wood was for $60.00 per month for an eight months' term; that plaintiffs are unable to state how much over $70.00 per month the said directors will pay the said Bernice Dougan, in accordance with the said alleged contract, but that plaintiffs do know that if said alleged contract is carried out that said directors have the authority under said alleged contract, to pay the said Bernice Dougan an unlimited amount over $70.00 per month; that in equity and good conscience, said directors should not be permitted to pay the said Bernice Dougan warrants under said alleged contract to the detriment of the tax payers of said school district.

"(10) Plaintiffs further state that the payment of money to the said Bernice Dougan under the alleged terms of said contract is an illegal payment of money of said district and in violation of the rights of these plaintiffs as tax payers of said district and all other tax payers in said district similarly situated.

"(11) Plaintiffs further state that unless said directors of said school district are enjoined and restrained from issuing further warrants to the said Bernice Dougan until the suit of the said Vera Wood has been terminated, and unless the said Sidney Everett, County Treasurer is enjoined and restrained from paying warrants to the said Bernice Dougan during said period of time, that plaintiffs and other tax payers of said district will have no adequate remedy to protect the teachers' fund of said district and hold same intact, and protect their own...