Legal Opinion

Harris v. Howe

Indiana Supreme Court

Decided May 16, 1891No. 14,505PublishedCited by 5 opinions

From the Bartholomew Circuit Court.

1Opinion of the Court

Miller, J. —

This was a proceeding supplementary to execution, instituted under section 819, R. S. 1881, in aid of the collection of a judgment.

We are of the opinion that the cause is within the exclusive jurisdiction of the Appellate Court. The action is “ for the recovery of money only,” and the amount in controversy is less than one thousand dollars. We do not think that the fact that it may be necessary for the court to pass upon the validity of a transfer of property, where it incidentally arises, is sufficient to deprive the Appellate Court of jurisdiction. Baker v. Groves, 126 Ind. 593;…

2Cases cited2 opinions

  1. Parker v. Indianapolis National BankIndiana Supreme Court · 1891
  2. Baker v. GrovesIndiana Supreme Court · 1891

3Cited by5 opinions

  1. Branson v. StudabakerIndiana Supreme Court · 1892
  2. Pisarski v. GlowiszynIndiana Supreme Court · 1942
  3. Ex parte KileyIndiana Supreme Court · 1893
  4. Huber v. BeckIndiana Court of Appeals · 1893
  5. Curless v. WatsonIndiana Supreme Court · 1913

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