New Franklin School District No. 28 v. Bates

This is an action for a declaratory judgment to determine the disposition of a particular fund in the custody and control of the defendants. The trial court entered a declaratory judgment to the effect that the fund constituted 1 ‘ a penalty, forfeiture and fine collected for the breach of the penal laws of this state”; that its disposition was controlled by the provisions of Sec. 7 of Art. IX of the Constitution of Missouri 1945; and that defendants were under a legal duty to pay the fund into -the State Public School Moneys Fund and to distribute it in accordance with the laws governing the…