Mercer v. Glass' Ex'r
Court of Appeals of Kentucky
Case 31 — APPEAL PROM CHRISTIAN COURT OP COMMON PLEAS. An order transferring a case from one court to another is a final order, and, therefore, appealable. (Hall & Long v. Eicketts, 9 Bush, 368; Helm, &c., v. Short, &c., 7 Bush, 623; Preeman on Judgments, sec. '29; Schrall v. Speed, etc., 14 Bush, Í86; Howe & Barnes v. Stevenson & Williams, 84 Ky., 576.) The order of transfer appealed from is not a final order, and an appeal does not lie.
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The appellants, who were plaintiffs below, objected in proper form to the regular judge trying this cause because he was not only related to one of the defendants, but his attorney. A motion was, a.t the same time, •entered by the appellants to hold an election for a special judge. It was overruled, and the court, over the *200objection Of the appellants, ordered the action transferred to the circuit court of the county. Subsequently the appellants moved' tó set aside this order. This motion was also overruled, and they have appealed..
The appellate…
2Cases cited7 opinions
- Burson v. National Park BankIndiana Supreme Court · 1872
- E. Rosenfield & Son v. J. E. Condict & Co.Texas Supreme Court · 1876
- Jackson v. Alabama Great Southern RailroadMississippi Supreme Court · 1881
- Hall v. RickettsCourt of Appeals of Kentucky · 1872
- Juan v. IngoldsbyCalifornia Supreme Court · 1856
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3Cited by8 opinions
- Village of Niles v. SzczesnyIllinois Supreme Court · 1958
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- Commonwealth v. GriffithCourt of Appeals of Kentucky · 1912
- O'Neal v. Turney'sCourt of Appeals of Kentucky (pre-1976) · 1927
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