194 S.W.2d 1021 | Mo. | 1946
Lead Opinion
Mandamus. Relator appeals from a judgment quashing the alternative writ and dismissing her action upon her refusal to plead further. She asserts, without citation of authority, that appellate jurisdiction rests here because a construction of the Constitution of this State is involved. (See Mo. Const. 1875, Art. X, Sec. 11; Mo. Const. 1945, Art. V, Sec. 3.) Respondents contend appellate jurisdiction is in the Kansas City Court of Appeals.
Relator, appellant here, held a judgment against certain school district defendants for services as a teacher. May 10, 1941, she instituted mandamus against said school districts and others as respondents to effect the payment of $3,259.50, principal and interest, due on said judgment debt. See State ex rel. v. Knight et al. (Mo. App.), 121 S.W.2d 762, 764[6-11]; State ex rel. v. Smith,
Respondents joined in a motion to quash the alternative writ on the principal ground no cause of action was stated against them, and was to the effect, among other things, that said writ did not show that respondent school directors had any right or duty to certify an additional tax levy and whether such additional levy, if made, would be in excess of the constitutional limit of taxation in said district.
This motion to quash was sustained for the stated reason, as well as others, "that the writ herein does not show that it would not command a tax levy in excess of the constitutional limit provided by the Constitution of Missouri and would violate section eleven of article ten of the Missouri constitution." Relator stood on her petition and the alternative writ. Judgment of dismissal, with costs, followed. Relator filed a "motion for rehearing" charging generally that the action of the court was "against the law and the judgment should have been for relator" under the facts stated in the petition.
The issue presented was one of pleading. It is generally governed by statutory enactments and court decisions. The burden is upon an appellant asserting appellate jurisdiction in this court because a constitutional issue is involved to affirmatively establish of record our jurisdiction over the appeal. Relator directs our attention to no constitutional provision having aught to do with whether said alternative writ of mandamus should or should not show that it commanded a tax levy within Missouri constitutional limitations and whether the absence of such pleading was fatal to the statement of a cause of action in relator. Courts of appeal have jurisdiction to construe statutory enactments as well as decisions resting upon such enactments whenever necessary to the determination of an appeal within their jurisdiction. Consult Stock v. Schloman,
In Wolf v. Hartford Fire Ins. Co.,
Under the authorities mentioned, the cause should be transferred to the Kansas City Court of Appeals. It is so ordered. Westhues and Barrett, CC., concur.
Addendum
The foregoing opinion by BOHLING, C., is adopted as the opinion of the court. All the judges concur.