164 Ind. 186 | Ind. | 1905
Appellant brought this action against appellee to recover $15,000 damages for personal injuries alleged to have been received by the negligence of the appellee. There was a verdict and judgment against him for costs in the superior court, from which he appealed to the Appellate Court. The latter reversed and set aside the judgment of the lower court, and ordered the case back, with the mandate that the trial court grant a new trial. From the judgment of the Appellate Court reversing and setting aside the judgment of the .Marion Superior Court, the Nordyke & Marmon Company appeal to this court.
Appellant claims the right to prosecute this appeal under
Subdivision three of section ten, above set out, concerning appeals from the Appellate to the Supreme Court, must be construed in the light of the legislative purpose. It is plain that that body, while engaged in constructing a plan for reducing the labors of the Supreme Court, did not intend, by the above provision, that a large number of appeals should
As we bave seen, ample opportunity is afforded by said subdivision two to a losing party for a review by tbis court when tbe law has been wrongfully applied by the Appellate Court in all cases, including those with controverted amounts of $6,000 and less; but when tbe law has been properly administered by tbe Appellate Court in tbe latter class of cases they are wholly unappealable to tbis court under tbe statute. It may therefore be said that it is tbe amount in controversy, exclusive of interest and costs, as shown by tbe judgment of tbe trial court upon tbe merits, that determines tbe right of appeal from the Appellate Court to tbe Supreme Court under said subdivision three, and such right does not lie unless such judgment of tbe trial court exceeds $6,000. Crum v. North Vernon Pump, etc., Co. (1904), 163 Ind. 594.
There are some statements in tbe opinion of Smith v. American Crystal Monument Co. (1905), 160 Ind. 141, not in harmony with tbe ruling in tbis and tbe Crum case;
It follows that we have no power to entertain this appeal. Appeal dismissed.