Brown v. Crump & Field
Brown v. Crump & Field
Opinion of the Court
Opinion by
Dismissing Appeal.
Crump & Field filed tins suit in the Pike quarterly court charging that they were in the wholesale grocery business and had sold goods to Lacy Cassady, who was engaged in the retail grocery business, to the amount of $182; that the debt was unpaid; that Cassady had sold his entire stock of goods to Mary Brown, and that neither Mary Brown nor Cassady
The only question we deem it necessary to consider is whether we have jurisdiction of the appeal. Title 8 of the Civil Code of Practice regulates provisional remedies. Chapter 5 of this title regulates the appointment of receivers. Sec. 290 of the code, which is a part of this chapter authorizing the appointment of a receiver, contains these words: .“The order of a court, or of the judge thereof, appointing or refusing to appoint a receiver, shall be deemed a final order for the purpose of an appeal to the Court of Appeals.” Title 16 of the Code regulates quarterly, police, county and justice’s’ courts. By section *700, which is part of this title, the provisions of the Civil Code of Practice regulate proceedings in civil actions in quarterly courts, except as provided in that chapter. Section 721 provides for the trial of an action in which an order for a provisional remedy is made, and, by sections 724-731, appeals from judgments of these courts are regulated. Title 18 of the Code regulates appeals to the Court of Appeals. Reading together these several provisions of the Code, we think it evident that appeals from the orders of the quarterly court are to be taken to the circuit court and not to this court, and that the language quoted from section 298 refers to orders of the circuit court or a judge
We therefore conclude' that we have no jurisdiction of the appeal, and it is accordingly dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.