172 Ind. 300 | Ind. | 1909
The demand against the oil company was made for the alleged conversion of oil, by drilling upon the real estate of appellants, and pumping the oil therefrom. A demurrer for want of facts sufficient to constitute a cause of action was filed by the oil company, and a like demurrer by the individuals, jointly. These demurrers were sustained, and appellants refusing further to plead, judgment was rendered against them for costs.
This court is without jurisdiction of this appeal. The transcript in the cause was filed in the clerk’s office on August 29, 1908. At that time the act of 1907 (Acts 1907, p. 237, §1392 et seq. Bums 1908) was in force. The fourteenth subdivision of section one (§1392, supra), conferring jurisdiction upon this court, reads as follows: “All cases wherein the amount of money in controversy, exclusive of interest and cost, on the' judgment of the trial court exceeds $6,000” shall be appealable “directly to the Supreme Court,” and by the eighteenth subdivision (§1392, supra) all eases except those enumerated in the section are appeal-able to the Appellate Court.
This cause is hereby ordered transferred to the Appellate Court under the provisions of §1392, supra.