6 Ind. App. 47 | Ind. Ct. App. | 1893
The appellant, George Huber, son of John Huber, leased to the appellee certain lands in Posey County. The lease was in writing, and was executed June 24, 1890. It was stipulated that the tenure should commence August 1, 1890, and end August 1, 1891. The appellees agreed to pay, as rent for the premises, the sum of four hundred and fifty dollars, in installments, all to become due within the year, and to do certain work on said lands, and “to give peaceable possession of said place and buildings by August 1,1891, and said crops to be held in said Huber’s possession to secure said payments when they become due.” Appellees took possession of the lands under the lease, and in the fall of the year 1890 plowed and sowed thirteen acres in rye and nineteen acres in wheat. In the month of November, 1890, the appellee ceased to be in possession of said lands; the allegation is that the defendants unlawfully and forcibly took possession of an’d excluded the appellees therefrom during the remainder of said term. Appellees instituted this action, .June 24,1891, to recover damages which they allege they have sustained in being deprived of the use of said premises. The appellants answered jointly that the appellees had
The only assignment of error is the overruling of the motion for a new trial, and this assignment is the only one presented or discussed by counsel. There is, however, another question which naturally and forcibly presents itself on considering this brief summary of the pleadings and proceedings in the trial court — that of the jurisdiction of this court. The complaint seeks to recover a money judgment only. The amount and subject matter of it fall within the jurisdiction of this court, but the cross-complaint brings into' the controversy the fixing and enforcement of a lien against particular property or funds.
This court has no original jurisdiction; it is appellate only. Appellate jurisdiction is the power to revise the final judgment, order, or decree of an inferior court. It is the imperative duty of this court to determine its own jurisdiction in this case, for if this court is without jurisdiction, then any order made by it in reviewing or modifying the judgment of the trial court will be of no effect.
The act creating and defining the jurisdiction of this court has been so construed by the Supreme Court of this State as that suits in equity and proceedings purely equitable in character are not within its jurisdiction. Ex
In determining the question of jurisdiction, we can not consider the sufficiency of any of the pleadings. It is enough for us to know that an element has been brought into the controversy which deprives this court of jurisdiction. Lake Shore, etc., R. W. Co. v. Van Auken, 1 Ind. App. 492; Wysor v. Johnson, Ibid. 419. The relief sought by the cross-complaint takes this cause out of our jurisdiction. The clerk is ordered to transfer the cause to the docket of the Supreme Court.