Thompson v. Sch. Dist. No. 4, Twp. 29, Range 22

• Court: United States State Supreme Court of Missouri
• Writing for the Court: SHERWOOD
• Citation: 71 Mo. 495
• Parties: THOMPSON v. SCHOOL DISTRICT No. 4, TOWNSHIP 29, RANGE 22, Appellant.
• Decision Date: 30 April 1880

71 Mo. 495

THOMPSON
v.
SCHOOL DISTRICT No. 4, TOWNSHIP 29, RANGE 22, Appellant.

Supreme Court of Missouri.

April Term, 1880.

[71 Mo. 496]

Appeal from Greene Circuit Court.--HON. W. F. GEIGER, Judge.

REVERSED.

In the year 1867 the board of directors of sub-district No. 3, school township 13, range 22, employed plaintiff to teach their district school and also rented a house from him for a school house. Before he had been fully paid the debt thus created, the sub-district was disorganized and a portion of the territory embraced in it was attached to the city of Springfield and passed under the control of the Board of Education of the city of Springfield, and the residue was reorganized as district No. 4, school township 13, in township 29, range 22. Plaintiff then brought this suit to recover the balance due him. As originally instituted, the suit was against the Board of Education of the city of Springfield alone. In its answer, that board alleged that said district No. 4, the present appellant, was a necessary party defendant. At a term of the circuit court of Greene county held in July, 1876, J. H. Show, Joseph Kirchegraber and S. N. Ingram, as directors of said school district No. 4, presented to the judge the following paper:

F. M. THOMPSON,	)
V.	)	In Greene Circuit Court
SPRINGFIELD BOARD OF EDUCATION,	)

Judge Geiger: If, in your judgment, it is necessary to make district No. 4, school township No. 13, Greene county, Mo., in order to determine the rights of all the parties, a party to the above entitled suit, I am willing to waive the necessity of summons and enter our appearance in order to save costs.

J. H. SHOW, Director, &c.

JOSEPH KIRCHEGRABER, Director.

S. N. INGRAM, Director.

On the 25th day of July, 1876, plaintiff filed an amended petition making the present appellant a party

[71 Mo. 497]

defendant, which petition was substantially as follows:

Plaintiff states that in the year 1867, he was employed as school teacher by sub-district No. 3, of school township 13, township 29, range 22, Greene county, Mo., by the directors of the Board of Education of said sub-district No. 3, for a monthly salary of $75 per month; and plaintiff rented said sub-district a house for the purpose of a school house for the sum of $25 per month. Plaintiff states he taught school in said sub-district No. 3, for the period of twelve months in the years 1867, 1868, 1869; and that said sub-district occupied his house so rented for school purposes, for the same time; all of which will more fully appear by the orders hereto attached, marked exhibit “A,” “B” and “C,” which were issued to plaintiff by the school directors of said sub-district No. 3, and directed to the school township clerk, and now made a part of this petition. And further states, that said teaching and rent of house was well worth the amount sued for and agreed on; further states, that in the year 1869, said sub-district was composed of sections 25, 26, 35 and 36; and all that portion of sections 13, 14, 23 and 24, then lying outside of the then limits of the city of Springfield, Mo., all in township 29, range 22, Greene county, Mo., were disorganized; and all that portion of said sub-district lying in sections 13, 14, 23 and 24, was, at that time, and is now, merged into and attached to the defendant, the Board of Education of Springfield, for school purposes, and is organized and established as a single school district; and further states, that the defendant, the Board of Education of Springfield, Mo., are the successors of the Board of Education of said sub-district No. 3, as far as the territory was so taken. And further states, that in 1869, at the time of said disorganization, all that portion of said sub-district No. 3 lying in sections 25, 26, 35 and 36, township 29, range 22, was, at said time and...