Dale v. Modern Woodmen of America

This writ of error is prosecuted to reverse a judgment of the Appellate Court for the Fourth District affirming a judgment for $1000, recovered against the plaintiff in error in an action of assumpsit in the circuit court of Gallatin county.

Section 121 of the Practice act (Laws of 1907, p. 468,) provides that in all cases where the sum or value in the controversy shall exceed $1000, exclusive of costs, any party to such cause shall be permitted to remove the same to the Supreme Court by appeal or writ of error. We have held' that under this section neither an appeal nor a writ of error would…