Lander v. Pollard
Lander v. Pollard
Opinion of the Court
Section 542a o.f the Code of Civil Procedure (¶ 4642, Gen. Stat. 1889) reads :
“No appeal or proceeding in error shall be had or taken to the Supreme Court in any civil action unless the amount or value in controversy, exclusive of costs, shall exceed one hundred dollars ($100) except in cases involving the tax or revenue laws, or the title to real estate, or an action for damages in which slander, libel, malicious prosecution, or false imprisonment is declared upon, or the constitution of this state, or the constitution, laws or treaties of the United States, and when the judge of the district or superior court trying the case involving less than one hundred dollars ($100) shall certify to the Supreme Court that the case is one belonging to the excepted classes.''
Under this section the Appellate Court has no jurisdiction to review the judgment of the district court in any civil action unless the amount or value in con
Reference
- Full Case Name
- Philip Lander, as Assignee of The Kansas Savings Bank of Newton, Kan. v. E. E. Pollard, as Sheriff of Harvey County, Kansas
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Appellate Jurisdiction — under section 542a, Civil Code, record must affirmatively show. Under section 542a of the Code of Civil Procedure, paragraph 4642, General Statutes of 1889, the record brought to this court must affirmatively show that this court has jurisdiction, or the case will be dismissed; and where the amount or value in controversy is less than one hundred dollars and the case belongs to the excepted class, the jurisdiction may be shown by the certificate of the judge of the district court who tried the case. —