Legal Opinion · Dissent

Curless v. Watson

Indiana Supreme Court

Decided June 27, 1913No. 22,422Published

Prom Wells Circuit Court; Charles E. Sturgis, Judge. Action by James II. Watson against Ada E. Cnrless and another. From a judgment for plaintiff, the defendants appealed to the Appellate Court, and, upon the affirmance of the judgment and the overruling of a petition for rehearing by that court, appellants petitioned for a transfer of the cause to the Supreme Court under §1394 subd. 2, Burns 1908, Acts 1901 p. 565.

1Dissent

Dissenting Opinion.

Morris, J.

I cannot concur in the result reached by the majority opinion; with some of its declarations of law I agree, but against others I most earnestly protest.

The petitioner, in asserting the invalidity of the act, relies ehiefly on the majority opinion, in Ex parte France (1911), 176 Ind. 72, 95 N. E. 515, which held that the act of 1911 violated §4, Art. 7, of our Constitution, because it denied jurisdiction to this court of appeals from money judgments *107for over $6,000; and that it violated §1, Art 7, because, as held, it invested the Appellate Court with a rank…

2Cases cited43 opinions

  1. Norton v. Shelby CountySupreme Court of the United States · 1886
  2. Stuart v. LairdSupreme Court of the United States · 1803
  3. Forsyth v. HammondSupreme Court of the United States · 1897
  4. State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
  5. Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913

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