Stratton v. City of Warrensburg
| Decision Date | 13 March 1942 |
| Docket Number | No. 37843.,37843. |
| Citation | 159 S.W.2d 766 |
| Parties | STRATTON v. CITY OF WARRENSBURG. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Johnson County; Leslie A. Bruce, Judge.
Action for salary allegedly due for services as street commissioner by W. E. Stratton against City of Warrensburg, Missouri. From an adverse judgment, plaintiff appeals.
Cause transferred to Kansas City Court of Appeals.
M. D. Aber, of Warrensburg, for appellant.
Charles K. Hackler, of Warrensburg, for respondent.
BARRETT, Commissioner.
This is an appeal by W. E. Stratton from an adverse judgment on his claim for salary as street commissioner of the City of Warrensburg from May 1, 1939, to April 16, 1940, at the rate of $95 per month.
The appellant's contention is that on April 19, 1938, he was appointed street commissioner for a term of one year "and until his successor in office is duly appointed, qualified and commissioned" as the ordinances of the city provided and that no such successor was appointed until April 16, 1940 and, therefore, he was entitled to the salary of the office for the eleven months and fifteen days for which he was not paid. The defense to the suit was that the plaintiff had not fulfilled and performed the duties of the office during the time in question; that the plaintiff had abandoned the office and had acquiesced in the city's action in terminating and abolishing the office, its duties and salary for that period.
Aside from the fact that the appellant's brief does not contain "a concise statement of the grounds on which the jurisdiction of this court is invoked" (Sup.Ct.Rule 15), we are unable to find anything in the record giving this court jurisdiction of this appeal within the meaning of Art. 6, Sec. 12 or Amend. Art. 6 of the Constitution of Missouri.
The fact that the City of Warrensburg is a party defendant does not give this court jurisdiction because the city is not a political subdivision of the state within the meaning of the Constitution. Smith v. Sedalia, 228 Mo. 505, 128 S.W. 735; City of Louisiana v. Lang, 251 Mo. 664, 158 S.W. 1; Associated Holding Co. v. W. B. Kelley & Co., 336 Mo. 851, 81 S.W.2d 624. Neither is the fact that the plaintiff is or claims to be a city official sufficient to confer jurisdiction because such an official is not a public officer within the meaning of the Constitution. Ibbetson v. Schulz, 332 Mo. 850, 59 S.W.2d 617; State ex rel. Ragsdale v. Walker, 132 Mo. 210, 33 S.W. 813. The amount sued for and...
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Deacon v. City of Ladue
...of this state within the meaning of that part of the Constitution so as to confer appellate jurisdiction upon it. Stratton v. City of Warrensburg, Mo., 159 S.W.2d 766; State v. Sappington, supra; Long v. City of Independence, 360 Mo. 620, 229 S.W.2d 686; Kansas City v. National Engineering ......
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State ex rel. Thompson v. Roberts
...ex rel. Kirks v. Allen, Mo., 250 S.W.2d 348; State ex rel. Handlan v. Wilkie Land Co., 349 Mo. 666, 162 S.W.2d 846; Stratton v. City of Warrensburg, Mo., 159 S.W.2d 766. For the reasons noted this court does not have jurisdiction of this appeal, and the cause is transferred to the Kansas Ci......
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State ex rel. Barnett v. Sappington
...assigned. Councilmen of a municipality are not state officers within the meaning of Const. Art. V, Sec. 3, V.A.M.S. Stratton v. City of Warrensburg, Mo.Sup., 159 S.W.2d 766; State ex rel. Kirks v. Allen, Mo.Sup., 250 S.W.2d 348, 350. The City of Columbia is not a party defendant and, in any......