5 Mo. App. 13 | Mo. Ct. App. | 1877
delivered the opinion of the court.
This was a suit against the sureties on the official bond of William H. Heath. The amended petition states that the title to the school-fund of St. Louis County, and the various townships thereof, is by law vested in the county of St. Louis, for the purpose of managing, distributing, and appropriating the same according to law; that in August, 1871, Heath was duly elected auditor of said county, and, with defendants as sureties, executed to the plaintiff a bond in the sum of $12,000, conditioned that said Heath “shall well and faithfully demean himself in his office, and perform all the duties of his said office according to law either now existing or which may hereafter be enacted.” The petition then states generally a breach of the condition of the bond, and, for specific breach, says that it was made the duty of Heath, as auditor, to collect the fines and penalties,
The record shows that a report of a referee was filed in-the cause, and exceptions filed ; and that afterwards, at the-same term, the parties appeared, and defendants’ exceptions to the referee’s report were overruled and the report confirmed ; and, it appearing to the court that the referee has-found in favor of plaintiff for the penalty of the bond, the-court enters judgment for $12,000, the penalty of the bond, sued on, as found by the í’eferee. A motion for a new trial-was filed by defendants and overruled, and no exception is-preserved to this action of the court. A motion in arrest-of judgment was filed by defendants and sustained, and plaintiff declining further to plead, final judgment was-entered for defendants ; and plaintiff appeals.
The record presents for our consideration the question-whether the court below erred in arresting the judgment-
The grounds alleged in the motion in arrest are, — first, because the action was illegally instituted in the name of the county, as it has no title to the moneys alleged to have been converted to his own use by Heath, and no interest in the subject of the action ; second, error in overruling exceptions to the report of the referee, as the report was not supported by the evidence; third, because the referee admitted illegal and improper evidence ; fourth, because the judgment is against the law and the evidence. It is manifest that there is nothing whatever in the three last grounds alleged. But if this court discovers any ground for arresting the judgment, the action of the trial court will be sustained, whether these grounds were suggested in the motion in arrest or not.
We see no error in the record to warrant an arrest of judgment. The breach assigned seems to be the breach of the condition of this bond for the payment of money. There was no jury, and it was not necessary to spread upon the record more specifically than has been done the finding of the referee, which was for the full penalty of the bond.
The school-fund of this State had its origin in the act of Congress of March 6, 1820, authorizing the people of the Missouri Territory to form a constitution. By that act it was provided that section 16 of every township shall be granted to the State, for the use of the inhabitants of such township, for the use of schools. An act of the General Assembly of January 31, 1831, provided for the sale of these lands to create a fund for the use of schools. Maupin v. Parker, 3 Mo. 219; Payne v. St. Louis County, 8 Mo. 478. The cestui que use of the school-fund was the people of the State; the State itself was the trustee. The inhabitants of the townships were not corporate bodies. The State vested in the County Courts the management of these township funds within the territorial limits of their respective counties, and the County Courts became the agents of the State for this purpose. Marion County v. Moffett, 15 Mo. 604.
The County Courts have the management of the school-fund within their respective jui’isdictions. Acts 1874, p. 159, sec. 52 ; p. 160, sec. 59. They are to loan the moneys and take bonds payable to the county for the use of the township to which the particular sum loaned belongs. Ibid., secs. 53, 54. The county treasurer is the treasurer of all moneys for school purposes belonging to the different districts, until paid out on the warrants of the various clerks (sec. 70), and shall make annual settlements with, and return the vouchers to, the county clerk (sec. 71). The county clerk shall collect, or cause to be collected, fines, penalties, and moneys for school purposes in his
• It is quite true that the county has no interest in the school-funds in this sense, that they are not the property of the county, and cannot be applied to any county use. The County Court, in the management of school-funds, is the agent of the State, and not of the county; and when the county is made payee of school-bonds, it is not for the use of the county, but only for the people of the geographical townships organized into school-districts, who are severally interested in the school-fund, but without power to enforce its collection, whilst the county is not directly interested in the matter, as a county, at all. Cedar County v. Johnson, 50 Mo. 226; Ray County v. Bently, 49 Mo. 240. The County Courts are intrusted with the management of the school-fund for the public good, and not for any private gain to accrue to the county. Ibid. It is also true that counties are not bodies corporate, but political subdivisions of the State, having a semi-corporate organization. 50 Mo. 226; 49 Mo. 240. Nevertheless, counties have been allowed, without objection on the ground of want of interest or want of capacity to sue, to commence proceedings to recover back school-moneys claimed to have been improperly paid out of the county treasury. And it never seems to have been doubted, though the petition was demurred to on other grounds, that such an action might well lie in the name of the county. Washington County v. Boyd, 60 Mo. 184.
In the case at bar, though the moneys said to have been
We see no valid objection to bringing this suit in the name of the State to the use of the county in which the several school-townships have their situs; and we further think that a misdescription, by the State, of the cestui que use, in an action for money of which the State is trustee, furnishes no ground for demurrer, and no ground for arrest of judgment after verdict.
The action of the Circuit Court in arresting the judgment in this case, and giving judgment for defendants, was therefore erroneous. The judgment of the Circuit Court is reversed, and the cause remanded for further proceedings in accordance with this opinion.