115 Tenn. 588 | Tenn. | 1905
delivered the opinion of the Conrt.
The only question in this case is as to the constitutionality of a clause in the charter of the city of Ohattanoga, which is as follows: “In all civil cases in which the fine imposed does not exceed $10, the judgment of the city court shall be final, and no appeal shall lie therefrom.”
The authorities agree that the remedy by appeal was unknown to the common law and was only employed for the review of cases of equity, ecclesiastical and admiralty jurisdiction; writ of error was the remedy to review judgments of the common pleas and other inferior courts of record when the proceedings were according to the course of common law. 4 Archibald Pr., 4; Wiscart v. Dauchy, 3 Dall. (U. S.), 321. Consequently the remedy by appeal in actions at law is altogether of constitutional or statutory origin. 2 Cyc., pp. 507-517.
So, the authorities hold that where the constitution does not define the specific limits of appellate jurisdiction, this may be abriged or extended by the legislature as public policy may require; but it has been held, and we think properly, that even in the absence of legislative provision, the establishment of an appellate court by the constitution is an implied declaration that some right of appeal exists which cannot be unreasonably restricted by statute law. 2 Encyc. Pl. & Pr., 14. Illustrating the first proposition in the above paragraph is the case of Sherer v. Lasson county, 94 Cal., 354, where it was ruled that a constitutional provision, that the appellate juris
The constitution of the State of Mississippi did not, save in most general terms, fix the jurisdiction of the supreme court. The provision of that constitution conferring this jurisdiction was as follows: “The supreme court shall have such jurisdiction as properly belongs to the court of appeals.” The question of the right of appeal under this clause was considered by the supreme court of Mississippi in Dismukes v. Stokes, 41 Miss., 430. In the course of the opinion delivered in that case, it was said: “The subject is one depending on general considerations of public policy which for the most part must be determined by the legislature, subject to such restriction on their general powers as are contained in the constitution. For this reason, by universal acquiescence, the power is conceded to the legislature to prescribe the form of action and the modes of procedure in courts, and to limit the case and the extent
Certainly there is very great force in these suggestions. It would seem, in the absence of a constitutional provision defining the limits of appeal, that it should be left, in the interest of the public at large, to the legislature to determine how far dissatisfied litigants should be permitted to carry their causes through the various courts. In such cases, as is the present, where a trial, according to the form of the common law, is given in a court of competent jurisdiction, resulting in an insignificant judgment, public policy would seem to dictate the wisdom of making such judgment final. In our cities, particularly, many ordinances are passed looking to the comfort and health of their citizens as well as to the good order of society, the infraction of which is visited by the infliction of small penalties, and if appeals were tolerated from minor judgments, the superior courts would be crowded to overflowing, and the cost of such litigation would be greatly increased. We think that legislation, such as is here impeached, is dictated by a wise public policy, and unless it does run counter to some clause of the constitution of our State, it should be
Sec. 2 provides that “the supreme court shall consist of five judges, of whom not more than two shall reside in any one of the grand divisions of the State .... The jurisdiction shall be appellate, under such restrictions and relations as may from time to time be prescribed by law.”
It will be observed in these sections there are fixed no definite limits of the right of appeal. While it is true the establishment of inferior tribunals with a supreme court of review implies, as has already been stated, the right of appeal on the part of litigants within reasonable bounds, yet, both in the matter of restriction and regulation of that right, the constitution leaves it to the wisdom of the legislature, or the ruling of the court. As early as the case of Andrew L. Martin, ex parte, 5 Yerger, 456, it was held, even without the aid of the statute, that an appeal in the nature of a writ of error would
This statute, though severely arraigned as to this fea-true, in the earlier days of that court, was held, after a careful consideration, to be constitutional, and from that time to the present no one has challenged the conclusiveness of the finding of facts by that court.
If it be true that the legislature had the right to stop all litigation, however important it might be, so far as the facts were concerned in an intermediate court, as is.
We entertain no doubt as to the constitutionality of this provision in the charter of Chattanooga, and the circuit judge was in error in holding otherwise. His judgment is, therefore, reversed. The cost of the cause will be paid by the defendant in error.