Livermore v. Truesdell

This motion to dismiss is' principally based on the form of the judgment. It was for costs, and, of course, was not for $100, nor did it involve a franchise or a freehold. Motions to dismiss appeals on this ground are so frequently made, we deem it best to express our views respecting this class of applications. Under section 388 of the code of 1887, appeals were only allowed to the supreme court when the judgment or decree was final and amounted to $100, exclusive of costs, or related to a franchise or freehold. Ever since the court of appeals was created, it has been assumed by many courts…