Aber v. Warden
Aber v. Warden
Opinion of the Court
Appellant was one of several
Our opinion is, that the appeal should have been to the Court of Appeals. It has been held by this court, after full argument and on mature consideration, that appeals in forfeited bail-bond cases are to be taken to the Court of Appeals, and not to this court. The enforcement of such bonds was regarded as incidental to the criminal case in which they are given, and our opinion is, that the question presented in this ■ case is too closely connected with the judgment on the bail bond to be separable from it. Indeed, the amount involved being less than four hundred dollars, the District Court would not have had jurisdiction but for the fact that the subject-matter of the suit was connected with, and incidental to, a judgment or proceeding in that court. The question is really as to the construction and legal effect of that judgment and the process issued thereon, and is one which might have been presented to the District Court by a mere motion in the principal case, instead of resorting to a separate suit. If such a motion had been made, the action of the court thereon would be revisable only in the same court in which the judgment itself would be revised, to wit, the Court of Appeals. The mere fact that an injunction was found necessary to protect
As this court has no jurisdiction of the case, it must be dismissed.
Dismissed.
Reference
- Full Case Name
- Jeff Aber v. F. M. Warden
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- 1. Forfeited bail-bond cases—Appeal.—It has been held by this court that appeals in forfeited bail-bond cases are to be taken to the Court of Appeals, and not to the Supreme Court. 2. Injunction restraining overcharges by officers.—An injunction to restrain the collection in money of the commissions of tile sheriff and county attorney in a judgment on a forfeited bail bond, the defendant having tendered the amount of the judgment in county scrip of the county where the judgment was rendered, is too closely connected with the judgment on the bail bond to be separable from it. A judgment upon such injunction suit would be revisable only in the Court of Appeals.