123 Tenn. 497 | Tenn. | 1910
delivered the opinion of the Court.
The bill in this case was filed for the purpose of obtaining- a d'ec-ree adjudging that the Belt Bailway Com
This court is without jurisdiction' to entertain the appeal. ' The matter in controversy does not fall within either of the four classes of cases specially withheld by section 7, c. 82, Acts 1907, from the jurisdiction of the court of civil appeals, and reserved to the supreme court — cases involving the constitutionality of the statutes of Tennessee, contested elections for office, State revenue, and ejectment. Nor is it embraced in that provision of the act which excludes from the jurisdiction of the court of civil appeals those chancery cases “in which the amount involved1, exclusive of costs, exceeds $1000.” We have uniformly held, since the passage of the act’referred to, that this provision applies only where the action is brought to recover a money judgment. We have accordingly held that the court of civil appeals has jurisdiction of appeals in cases of forcible entry and detainer, habeas corpus, and divorce, although in the latter there may result incidentally a money decree in disposing of the question of alimony. We also held at the last term at Jackson that the court of civil appeals had jurisdiction of an appeal in a case wherein an injunction was sought for the purpose of restraining interference with the operation of a large business, although it appeared that the value of the
We may add-that the statute, under the construction which we have given it, does not deprive any litigant of an ultimate resold to the supreme court. It only means that, except in a few classes of cases specified, an appeal must be first taken to the court of civil appeals. If dissatisfied! with the judgment or decree of that court, the litigant may then seek relief in the supreme court by filing therein a petition for the writ of certiorari, The purpose of the statute was to prevent a congestion of the supreme court docket, the same purpose which prompted the creation of the court of chancery appeals in the year 1895. That court met the demand for which it was created, but experience suggested' that an improvement could be made by increasing the number of