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

Fort Osage Drainage Dist. of Jackson Cnty. v. Jackson Cnty., 264 S.W.2d 792 (Mo. Ct. App. 1954)
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Subsequent history: rev'd, Fort Osage Drainage Dist. of Jackson Cnty. v. Jackson Cnty., 275 S.W.2d 326 (Mo. 1955). (read from the later opinion; check before relying)

Court
Missouri Court of Appeals · State Appellate Courts
Decided
February 1, 1954
Docket
No. 21962
Judges
Cave
Citations
264 S.W.2d 7921954 Mo. App. LEXIS 424

Opinion of the Court — Cave

Text extracted by OCR from a scanned original; check the original for exact wording.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1954: 11955: 11956: 11975: 119542026peak 1954 · 1

Relies on it most ⓘ

  1. State ex rel. Town of Olivette v. American Telephone & Telegraph Co.273 S.W.2d 286 (Mo. 1954)
  2. Taney County v. Addington296 S.W.2d 129 (Mo. Ct. App. 1956)
  3. Fort Osage Drainage District of Jackson County v. Jackson County275 S.W.2d 326 (Mo. 1955)
  4. Godsy v. Godsy521 S.W.2d 449 (Mo. Ct. App. 1975)

Most recent

  1. Godsy v. Godsy521 S.W.2d 449 (Mo. Ct. App. 1975)
  2. Taney County v. Addington296 S.W.2d 129 (Mo. Ct. App. 1956)
  3. Fort Osage Drainage District of Jackson County v. Jackson County275 S.W.2d 326 (Mo. 1955)
  4. State ex rel. Town of Olivette v. American Telephone & Telegraph Co.273 S.W.2d 286 (Mo. 1954)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Harrison & Mercer Cnty. Drainage Dist. v. Trail Creek Twp., 297 S.W. 1 (Mo. 1927) 21
Bowman v. Phelps Cnty., 51 S.W.2d 3 (Mo. 1932) 2
Cullor v. Jackson Twp., Putnam Cnty., 249 S.W.2d 393 (Mo. 1952) 12

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