Citation Numbers: 37 Mo. App. 550, 1889 Mo. App. LEXIS 381
Judges: Thompson
Filed Date: 11/12/1889
Status: Precedential
Modified Date: 10/19/2024
delivered the opinion of the court.
This is a proceeding in equity, in the nature of a creditor’s bill, against Andrew F. Brown and the city of St. Louis, in which the plaintiffs seek to charge a certain indebtedness of the city to the defendant Brown, alleged to have accrued to Brown under a contract between him and the city for the sprinkling of the
It is apparent from the foregoing statement that the city of St. Louis is a substantial party to the proceeding. Indeed, the only remedy which is sought is against the city, and any process which might issue in the cause, if finally determined in favor of the plaintiffs, would run against the city. The city of St. Louis being a municipal sub-division of the state, within the meaning of section 12, of article 6, of the constitution, and the subsequent constitutional amendment establishing the jurisdiction of this court, and being a substantial party to the cause, this court is without jurisdiction, and the cause must be transferred to the supreme court. It is so ordered.