Crane v. Farmer

Appellee moves to dismiss the appeal on the ground that the judgment sought to be reviewed is not appeal-able. The action was one of forcible entry and unlawful detainer, and it is conceded that the judgment rendered does not “amount, exclusive of costs, to the sum of $100, or relate to a franchise or freehold.”

It is clear that the judgment is not appealable, if the Code of Civil Procedure (section 388) is to control. But it is claimed that all actions of this kind are appealable under the act of 1885 relating to forcible entry and detainer. By section 22 of the latter act (p. 230, Sess. Laws…