88 P. 30 | Utah | 1906
This action was commenced in the city court of Salt Lake City by the plaintiff against the defendants, to recover $306.25, with interest, on a judgment alleged to have been obtained in a justice’s court. The case was appealed from the city court to the district court, who found that the judgment sued on was void, and therefore rendered a judgment in favor of the defendants, and dismissed plaintiff’s complaint. From the judgment entered in the district court, the plaintiff has appealed to this court.
The respondents filed a motion to dismiss the appeal upon the ground that the judgment is nonappealable. The statute applicable to the case (Laws 1903, p. 48, c. 52) provides that:
“From all final judgments of a city court . . . an appeal may be taken by either party ... to the district court . . . and from all final judgments in the district court rendered upon such appeals, an appeal may be taken to the Supreme Court in -like manner as if said actions were originally commenced in the district court; provided, however, when the judgment of the district court does not exceed one hundred dollars, exclusive of costs, that the same shall be final, and no appeal shall lie therefrom.”
It is claimed that, inasmuch as judgment was rendered in favor of the defendants. “No cause of action,” there was no judgment rendered by the district court exceeding $100, .and that, therefore, no appeal,can be taken therefrom. The contention made by the appellant is that the words “when the judgment of the district court does not exceed $100,'” should be read so as to mean, “when the amount in controversy exceeds one hundred dollars.” It is further contended by him that, if the statute cannot be so construed, the proviso must be rejected as unconstitutional and void, which then would give the right of an appeal in: like manner as if the action had originally been commenced in the district court. We think that neither position taken
We do not think that the enactment is special or unequal legislation. It is said to be unequal because1, as is argued, had the ruling of the district court on the validity of the judgment sued on been favorable to the plaintiff, and had a judgment been rendered for the amount sued for, or for an amount greater than $100, the defendant could have appealed, and would have been entitled to have the dul-ing reviewed, but, the ruling having been adverse to the plaintiff, and a judgment having been rendered in favor of the defendants, “No cause of action,” the plaintiff, by not having
Our conclusion is that the judgment is nonappealable.
The appeal is dismissed, with costs.