White v. Boyne

• Decision Date: 21 December 1928
• Docket Number: No. 4559.,4559.
• Citation: 11 S.W.2d 1083
• Parties: WHITE et al. v. BOYNE et al.
• Court: Missouri Court of Appeals

11 S.W.2d 1083

WHITE et al. v. BOYNE et al.

No. 4559.

Springfield Court of Appeals. Missouri.

December 21, 1928.

Appeal from Circuit Court, Newton County; Chas. L. Henson, Judge.

Bill by S. M. White and others against J. B. Boyne and others. Judgment for defendants, and plaintiffs appeal. Transferred to the Supreme Court.

J. E. Sater, of Monett, and C. E. Prettyman, Jr., of Neosho, for appellants.

Horace Ruark, of Neosho, for respondents.

BAILEY, J.

This is a bill of taxpayers to have a certain school tax levy made by consolidated school district No. 9, of Newton county, declared void, and to enjoin the collection of that part of said taxes covered by said levies. A demurrer to the petition was sustained, and plaintiffs appealed. The appeal was allowed to this court.

This case involves a construction of the revenue laws of this state, and, under the Constitution, jurisdiction as to such matters is vested in the Supreme Court. Lyons v. School District, 311 Mo. 349, 278 S. W. 74; State ex rel. v. Shuck, 184 Mo. App. 511, 170 S. W. 431; State ex rel. v. Johnson, 316 Mo. 21, 296 S. W. 806. Accordingly it becomes our duty, as provided in section 2419, R. S. Mo. 1919, to transfer this case to the Supreme Court.

It is therefore ordered that this cause be transferred to the Supreme Court.

COX, P. J., and BRADLEY, J., concur.