Colliery Engineer Co. v. American Car & Foundry Co.
Indiana Supreme Court
From Clark Circuit Court; J. K. Marsh,, Judge. Appeal from judgment in action originating before a justice of the peace involving the constitutionality of a statute where the amount in controversy was $1.
1Opinion of the CourtMonks, C. J.
This is an action for the recovery of money only, and originated before a justice of the peace. The amount in controversy, exclusive of interest and cost, *112is $1. It is conceded by the parties that the right of recovery depends upon the constitutionality of a statute. The appeal to this court was perfected August 3, 1900. The right of appeal in this State is statutory. Elliott’s App. Proc., §77; Ewbank’s Manual, §§81, 88. Our code of civil procedure provides that “Appeals may be taken from the circuit courts and superior courts to the Supreme Court, by either party, from all final judgments,…
2Cases cited12 opinions
- Cowley v. Town of RushvilleIndiana Supreme Court · 1878
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. McDadeIndiana Supreme Court · 1887
- Griffee v. Town of SummitvilleIndiana Court of Appeals · 1894
- Quigley v. City of AuroraIndiana Supreme Court · 1875
- City of Greensburg v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
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3Cited by5 opinions
- Mantle Lamp Co. v. BonichIndiana Court of Appeals · 1915
- Washington Township v. RattsIndiana Supreme Court · 1913
- Brayton v. City of AnchorageAlaska Supreme Court · 1963
- Brayton v. City of AnchorageAlaska Supreme Court · 1963
- Ex parte FranceIndiana Supreme Court · 1911