Legal Opinion

School District No. 58 v. Chappel

Missouri Court of Appeals

Decided February 21, 1911PublishedCited by 4 opinions

Appeal from Louisiana Court of Common Pleas. — Son. David S. Sby, Judge. (1) The facts conferring jurisdiction on an inferior court, over the subject matter of a suit, must affirmatively appear on the face of the proceeding, or its jurisdiction will be treated as a nullity. Ruckerst v. Richter, 127 Mo. App. 664; Wise v. Loring, 54 Mo. App. 258; Heimburger v. Harrison, 83 Mo.

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Appeal from Louisiana Court of Common Pleas. — Son. David S. Sby, Judge. (1) The facts conferring jurisdiction on an inferior court, over the subject matter of a suit, must affirmatively appear on the face of the proceeding, or its jurisdiction will be treated as a nullity. Ruckerst v. Richter, 127 Mo. App. 664; Wise v. Loring, 54 Mo. App. 258; Heimburger v. Harrison, 83 Mo. App. 544; Dowdy v. Wamble, 110 Mo. 280; Zeibold. v. Foster, 118 Mo. 349; Haggard v. Railroad, 63 Mo. 302; Sutton y. Cole, 155 Mo. 206; Schell v. Leland, 45 Mo. 289; McClune v. Beattie, 46 Mo. 391. (2) Unless the petition…

1Opinion of the CourtNortoni, J.

This is a suit in equity for injunctive relief. The finding and judgment were for defendant and plaintiff prosecutes the appeal.

Plaintiff is a school district in, and the principal defendant is county-clerk of, Pike county.- The other defendants are an adjoining school district in that county and the three members of its board of directors. The purpose of the proceeding is to enjoin and restrain the defendant county clerk from changing on the records of his office the boundary line between the two school districts involved, and extending certain taxes on his books as available to defendant…

2Cases cited14 opinions

  1. State ex rel. Rose v. JobSupreme Court of Missouri · 1907
  2. State ex rel. School District Number One v. AndraeSupreme Court of Missouri · 1909
  3. Overall v. RuenziSupreme Court of Missouri · 1877
  4. School District No. 35 v. HodginSupreme Court of Missouri · 1904
  5. State ex rel. Schmutzler v. YoungSupreme Court of Missouri · 1884

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State ex rel. Reorganized School District R-2 of Newton County v. RobinsonMissouri Court of Appeals · 1955
  2. School District No. 16 v. New London School DistrictMissouri Court of Appeals · 1914
  3. State Ex Rel. School District No. 34 v. BegemanMissouri Court of Appeals · 1928
  4. State v. EdwardsMissouri Court of Appeals · 1916

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