4 Kan. App. 757 | Kan. Ct. App. | 1896
The opinion of the court was delivered by
The plaintiff in error, Mary Stevens, sought, by a proceeding in habeas corpus instituted be
The act creating the Kansas courts of appeals (Laws 1895, ch. 96) confers upon such courts only a limited and special jurisdiction. The supreme court i’emains, as it always has been, the only court having general appellate jurisdiction. The jurisdiction of this court must be found within the provisions of section 9 of said chapter 96, which provides :
“Said courts of appeals . . . shall . . . have exclusive appellate jurisdiction as now allowed by law in all cases of appeal from convictions for misdemeanors in the district and other courts of record ; also in all proceedings in error, as now allowed by law, taken from orders and decisions of the district and other courts of record or the judge thereof, except probate courts, in civil actions before final judgment and from all final orders and judgments of such*759 courts within their respective divisions where the amojmt or value does not exceed $2,000, exclusive of interest and costs. . . . All other cases of appeal and proceedings in error shall be taken as' now provided by law.”
It is unimportant for the purposes of this case at this time to determine the correct classification, among actions and proceedings, of the proceeding known as habeas corpus. It matters not whether the proceeding had before the judge of the district court of Douglas county should be classed with civil actions or special proceedings, or whether it is of a guasi-criminal nature. The important question is, Is the order and decision complained of such an order as this court is authorized to review? Certainly the plaintiff in error was not convicted of a misdemeanor. That term has a well-understood meaning in the law, which must be presumed to have been in the legislative mind when the statute was under consideration. There is nothing in the proceeding in this case that would justify its classification under that head. Nor can it be regarded as a continuation of the contempt proceedings, and, therefore, partaking of its criminal character, as is the case (Gleason v. Comm’rs of McPherson Co., 30 Kan. 53) when an order of commitment issued by an examining magistrate is reviewed by habeas corpus. There is no authority for such review of an order of commitment for contempt issued by a court or officer having authority to commit. (¶ 4785, Gen. Stat. 1889 ; In re Morris, Petitioner, 39 Kan. 28.)
Ordinarily, we think, habeas corpus is a civil proceeding. The code of civil procedure makes provision for it and governs the practice relating to it. But, considered as ' a civil proceeding, we have no jurisdiction. The courts of appeals have jurisdiction to review an order or judgment of the district court
“That clause in said section which gives the courts of appeals jurisdiction where the amount or value does not exceed $2,000, exclusive of interest and costs, includes only actions where there is an amount, or something having money value, in controversy.”
This was an action of quo warranto, appealed from the district court to this court, and by us certified to the supreme court, where it was held, on the ground that that court had exclusive jurisdiction of that class of cases. In principle, we are unable to distinguish that case from the one under consideration, so far as jurisdiction is concerned. We are of the opinion that the questions presented upon this record are not reviewable by this court. If appealable at all, the case falls within the general appellate jurisdiction of the supreme court, which has not been disturbed by the
The case will therefore be certified to that court.