Curless v. Watson
Indiana Supreme Court
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.
1Concurrence
Concurring Opinion.
Spencek, C. J.
I wish to state my reasons for concurring in the conclusion reached in the prevailing opinion. The substance of appellants’ contention here is that by abolishing the right of transfer, the act of 1913 (Acts 1913 p. 454) makes of the Appellate Court a tribunal of final appellate jurisdiction equal in rank with the Supreme Court; that it is, therefore, unconstitutional and void.
The first question which naturally presents itself is, May the General Assembly create a court of appellate jurisdiction which shall be coordinate with and equal in rank to the Supreme…
2Cases cited10 opinions
- Forsyth v. HammondSupreme Court of the United States · 1897
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Randolph v. City of IndianapolisIndiana Supreme Court · 1909
- Sims v. HinesIndiana Supreme Court · 1890
- Dawson v. CoffmanIndiana Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.