State v. Knight

• Decision Date: 14 November 1938
• Docket Number: No. 6026.,6026.
• Citation: 121 S.W.2d 762
• Parties: STATE ex rel. HUFFT v. KNIGHT et al.
• Court: Missouri Court of Appeals

121 S.W.2d 762

STATE ex rel. HUFFT v. KNIGHT et al.

No. 6026.

Springfield Court of Appeals. Missouri.

November 14, 1938.

Appeal from Circuit Court, Laclede County; W. E. Barton, Judge.

"Not to be published in State Reports."

Mandamus proceeding by the State of Missouri, on the relation of Glada Hufft, against Clyde Knight and others to require the defendant school directors to recommend the levy of an additional 45 cents per $100 valuation in the school district and to convert the proceeds therefrom to the payment of relator's judgment against the district. From a judgment quashing the alternative writ and dismissing the cause, relator appeals.

Reversed and remanded.

Bradshaw & Fields, of Lebanon, for appellant.

Claude E. Curtis, of Lebanon, for respondents.

ALLEN, Presiding Judge.

This is an action in mandamus, brought by Glada Hufft, a school-teacher, against the school directors of District No. 6, Laclede County; the county clerk, county collector and county treasurer of Laclede County. On June 29, 1937, appellant, Glada Hufft, obtained a judgment in the sum of $228.93 against the District for services as a teacher in the district school. No appeal was taken from this judgment, which became final. Prior to the filing of the present suit she filed a former action in mandamus against the school directors of the District and the circuit court of Laclede County granted its writ of mandamus, requiring the school directors to certify an additional levy of 45 cents on the $100 valuation in the District, over and above the 20 cent levy they had previously been making and that they set aside the proceeds from this levy in a separate fund for the satisfaction of the judgment. This the school directors did, but the amount realized was not sufficient to pay the judgment in full.

In May, 1938, the school directors of the District certified a 20 cent levy to the county clerk, who extended a levy in this amount on the tax books of the county. Thereupon appellant filed the present mandamus suit in the circuit court asking that the school directors be required to recommend the levy of an additional 45 cents per $100 and to convert the proceeds therefrom to the payment of her judgment. Her petition for mandamus set out the judgment against the District which she had obtained for services as a teacher and that the District had refused to pay the judgment; and that as a result of the first mandamus suit the additional 45 cents on the $100 had been levied and that there was on hand to pay on this judgment the sum of $103.64, which was being held by the District and that the directors had refused to draw a warrant on this fund for this amount. The petition further alleges that the District was authorized to certify a levy of 65 cents on the $100 valuation, to the county clerk and that the county clerk was authorized by law to assess against all the taxable property of said District a levy in the sum of 65 cents on the $100 valuation in the District; that the directors had certified to the clerk a levy of only 20 cents on the $100 valuation; that the same had been assessed and that the 20 cent levy on the $100 valuation was only sufficient to pay the current expenses of the school district and that no portion of it would be available for the payment of the judgment. The petition then prays that the directors be required to draw a warrant in the sum of $103.64, against the sum created by the previous levy and that they be required to submit to the county clerk, for taxation, such estimate as the court should in the exercise of its sound discretion deem necessary to satisfy the balance of the judgment; and to require the county clerk to extend the additional levy upon the general tax books of the county and to require the collector of the county to collect the taxes so levied upon the taxable property in the District; and that the county clerk accept custody of the payment and carry the same in a separate and independent fund to be applied only to the payment of the judgment.

An alternative writ of mandamus was granted by the court, requiring an additional levy of 45 cents on the $100 valuation (which was in addition to the 20 cent levy on the $100 valuation) and that it be applied to the payment of the judgment; and requiring that the item of $103.64 be paid to the petitioner, Glada Hufft.

The parties appeared on Friday, May 7, 1938, the return day set in the alternative writ, and the case was tried on the following stipulation:

"Come now the parties, acting by and through their attorneys, and stipulate as follows, to-wit:

"1. That the facts set out in plaintiff's petition are true and correct.

"2. That since the filing of said petition said school district has paid to the plaintiff the sum of $103.64, representing the amount on hand at the time of the filing of this suit as a result of the levy extended last year in accordance with the court's previous writ of mandamus.

"3. That the amount now due and owing on said original judgment of $228.93 after the payment of said sum of $103.64 is $125.29.

"4. That in addition to the sum of $125.29 remaining unpaid on said judgment, the following amounts are due in costs: On the original suit on which judgment was had, $99.85; on the first mandamus issued last...