Fort Osage Drainage Dist. of Jackson County v. Jackson County

Missouri Court of Appeals

Fort Osage Drainage Dist. of Jackson County v. Jackson County

264 S.W.2d 792, 1954 Mo. App. LEXIS 424

CourtMissouri Court of Appeals

DecidedFebruary 1, 1954

DocketNo. 21962

StatusPublished

Cited by4 cases

This text of 264 S.W.2d 792 (Fort Osage Drainage Dist. of Jackson County v. Jackson County) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fort Osage Drainage Dist. of Jackson County v. Jackson County, 264 S.W.2d 792, 1954 Mo. App. LEXIS 424 (Mo. Ct. App. 1954).

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Opinion

CAVE, Presiding Judge.

Plaintiff brought this action to collect a maintenance tax for the year 1949 in the sum of $2,000, levied against the benefits to the roads, bridges and culverts in said' district belonging to defendant Jackson County. A trial to the court resulted ■ in a judgment dismissing plaintiff’s petition and it has perfected its appeal to this court.

We have no jurisdiction of the matter. The parties do not raise the question of jurisdiction, but it is our duty to do so. Sec. 3, Art. 5 of the Constitution, V.A.M.S., provides: “The supreme court shall have exclusive appellate jurisdiction * * * in all civil cases where the state or any county * * * is a party, * *.,r (Italics supplied.) Jackson County being a party to the record, in fact the only defendant, jurisdiction is in the Supreme Court. Bowman v. Phelps County, Mo.App., 36 S.W.2d 414, transferred 330 Mo. 826, 51 S.W.2d 3; Harrison and Mercer County Drainage District v. Trail Creek Township, 317 Mo. 933, 939, 297 S.W. 1; Cul-lor v. Jackson Township, Putnam County, 'Mo. Sup., 249 S.W.2d 393, 395. See also 2 V.A.M.S., p. 129, n. 312.

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

All concur.

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CAVE, Presiding Judge.

Plaintiff brought this action to collect a maintenance tax for the year 1949 in the sum of $2,000, levied against the benefits to the roads, bridges and culverts in said' district belonging to defendant Jackson County. A trial to the court resulted ■ in a judgment dismissing plaintiff’s petition and it has perfected its appeal to this court.

We have no jurisdiction of the matter. The parties do not raise the question of jurisdiction, but it is our duty to do so. Sec. 3, Art. 5 of the Constitution, V.A.M.S., provides: “The supreme court shall have exclusive appellate jurisdiction * * * in all civil cases where the state or any county * * * is a party, * *.,r (Italics supplied.) Jackson County being a party to the record, in fact the only defendant, jurisdiction is in the Supreme Court. Bowman v. Phelps County, Mo.App., 36 S.W.2d 414, transferred 330 Mo. 826, 51 S.W.2d 3; Harrison and Mercer County Drainage District v. Trail Creek Township, 317 Mo. 933, 939, 297 S.W. 1; Cul-lor v. Jackson Township, Putnam County, 'Mo. Sup., 249 S.W.2d 393, 395. See also 2 V.A.M.S., p. 129, n. 312.

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

All concur.

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Bluebook (online)

264 S.W.2d 792, 1954 Mo. App. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fort-osage-drainage-dist-of-jackson-county-v-jackson-county-moctapp-1954.

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