In re the Driver's License of Johnson

STONE, Judge.

This is a proceeding under V.A.M.S. § 564.444(2) [Laws 1965, p. 672; S.B. 45, § 4] to compel the Director of Revenue to reinstate petitioner Johnson’s license to drive a motor vehicle. From the judgment of the Circuit Court of Howell County denying that relief, petitioner appealed.

As in the recent case of In Matter of Driver’s License of Spencer, Mo.App., 439 S.W.2d 8, no constitutional question was presented or preserved in this proceeding which is civil in nature [Blydenburg v. David, Mo. (banc), 413 S.W.2d 284, 290], the director of revenue was not named as a party litigant,…