State ex rel. Donald v. Leonard

Missouri Court of Appeals

State ex rel. Donald v. Leonard

480 S.W.2d 71

CourtMissouri Court of Appeals

DecidedApril 25, 1972

DocketNo. 34422

StatusPublished

Cited by1 cases

This text of 480 S.W.2d 71 (State ex rel. Donald v. Leonard) 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.

Bluebook

State ex rel. Donald v. Leonard, 480 S.W.2d 71 (Mo. Ct. App. 1972).

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Opinion

ORIGINAL PROCEEDING IN QUO WARRANTO

PER CURIAM.

This case is in Quo Warranto. Respondents petitioned the Circuit Court to oust appellants from the Office of Building Commission of Jefferson County, Missouri. The Court held that the order of the County Court appointing the appellants be set aside. An appeal was taken to this Court.

The Supreme Court has exclusive appellate jurisdiction in all cases involving “the title to any office under this state.” Art. 5, Sec. 3, Const. of 1945 Mo.R.S.A.¹

The character of such an office was clearly defined in State ex rel. Davidson v. Caldwell, 310 Mo. 397, 276 S.W. 631 as one to which the officer has been elected or appointed under authority of law and requires performance of duties prescribed by law, l. c. 633.

The members of the Building Commission were appointed by the County Court of Jefferson County pursuant to Sec. 64.-180(1).² The duties of said Commission are set out in Sec. 64.180(2). The scope of authority of the Commission is defined in Sec. 64.190. These sections apply to Jefferson County, which is classified as a second class county. Sec. 64.205.

Therefore, since the Office of Building Commission is specifically authorized by the laws of this state and clearly comes within the purview of the definition set out in State ex rel. Davidson v. Caldwell, supra, this action involves title to an office under this state. Thus the Supreme Court has exclusive appellate jurisdiction of this appeal.

Accordingly, it is beyond our province to consider respondents’ motion to dismiss the appeal, for we have no authority [73]*73to dispose of it except by transfer to the Supreme Court. Art. 5, Sec. 3, Const. of 1945, Mo.R.S.A.; Starr v. Mitchell, Mo.App., 231 S.W.2d 299.

This cause is hereby transferred to the Supreme Court. All concur.

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ORIGINAL PROCEEDING IN QUO WARRANTO

PER CURIAM.

This case is in Quo Warranto. Respondents petitioned the Circuit Court to oust appellants from the Office of Building Commission of Jefferson County, Missouri. The Court held that the order of the County Court appointing the appellants be set aside. An appeal was taken to this Court.

The Supreme Court has exclusive appellate jurisdiction in all cases involving “the title to any office under this state.” Art. 5, Sec. 3, Const. of 1945 Mo.R.S.A.¹

The character of such an office was clearly defined in State ex rel. Davidson v. Caldwell, 310 Mo. 397, 276 S.W. 631 as one to which the officer has been elected or appointed under authority of law and requires performance of duties prescribed by law, l. c. 633.

The members of the Building Commission were appointed by the County Court of Jefferson County pursuant to Sec. 64.-180(1).² The duties of said Commission are set out in Sec. 64.180(2). The scope of authority of the Commission is defined in Sec. 64.190. These sections apply to Jefferson County, which is classified as a second class county. Sec. 64.205.

Therefore, since the Office of Building Commission is specifically authorized by the laws of this state and clearly comes within the purview of the definition set out in State ex rel. Davidson v. Caldwell, supra, this action involves title to an office under this state. Thus the Supreme Court has exclusive appellate jurisdiction of this appeal.

Accordingly, it is beyond our province to consider respondents’ motion to dismiss the appeal, for we have no authority [73]*73to dispose of it except by transfer to the Supreme Court. Art. 5, Sec. 3, Const. of 1945, Mo.R.S.A.; Starr v. Mitchell, Mo.App., 231 S.W.2d 299.

This cause is hereby transferred to the Supreme Court. All concur.

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480 S.W.2d 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-donald-v-leonard-moctapp-1972.

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