Public-domain · open source
OpenJurist

44 Ind. 476

Moffitt v. Wilson

Indiana Supreme Court

Decided November 15, 1873

Indiana Supreme Court · decided 1873-11-15

<p>Appeal.—yWiM-sVftb».—Amount in Controversy.—No appeal can be taken to the Supreme Court in an action originating before a justice of the peace, where the judgment, exclusive of interest and costs, does not exceed ten dollars.</p>

Cited by 3 later decisions — most recently November 1876

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-11-15

View the full empirical analysis of this case →

Pettit, J.

¶1This court has no jurisdiction of this case. This case was commenced before a justice of the peace, and an appeal was taken to the common pleas court, where a judgment was rendered for the appellees for nine dollars and costs, from which judgment this appeal was taken. Sec. 550, 2 G. & H. 269, provides, that “appeals may be taken from the courts of common pleas and the circuit courts, to the Supreme Court, by either party, from all final judgments, except in actions originating before a justice" of the peace, or mayor of a city, where the amount in controversy, exclusive of interest and costs, does not exceed ten dollars.” The judgment of nine dollars, exclusive of interest and costs, is the amount in controversy, and as the case originated before a justice of the peace, this court has no jurisdiction of it.

¶2The appeal is dismissed, at the costs of the appellant.

/44/ind/476 · .json · Public domain