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tion of one hundred and fifty thousand (150,000) or more according to the last preceding United States census, are required by law to publish notices affecting county affairs or business of such county, including the publication of all notices for the sale of delinquent taxes, whether such real estate be situate within or without any city in such county, such notices shall be published in two leading daily newspapers representing the two political parties casting the highest number of votes in such county at the last preceding general election, and in event there should not be two daily newspapers in such county representing such two political parties, then such notices shall be published in a daily newspaper printed and published in such county representing one of such political parties, if there be such, and the other of said notices shall be published in some daily newspaper of general circulation, printed and published in such county, representing no political party, and if there should not be any daily newspaper representing any one of such political parties then such notices shall be published in two daily newspapers of general circulation, printed and published in such county representing no political party. The newspapers in which said notices shall be published shall be designaated by the auditor or treasurer giving such notices. [Acts 1905, p. 20. In force April 15, 1905.] 1306a. Bond, deposit of money or check. - 1. -1. That whenever any bond is required by law to be filed in any civil, criminal or probate proceedings, whether in a circuit or superior court, or before a justice of the peace, or mayor, or any city court of a city, a deposit of cash or a properly certified check or draft for the full amount of such bond with the officer with whom such bond is required to be filed may be accepted in lieu thereof. This act shall not be construed as mandatory on any court or officer, but as conferring a privilege, which may be exercised for the convenience of litigants.

1309. Words, how construed.

The word "person" includes bodies politic and corporate. Southern Ry. Co. v. Jones, 33 App. 333.

CHAPTER 3.

COURTS.

Section numbers to notes refer to Revised Statutes of 1901.

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1336. Judges and jurisdiction of appellate court.

The appellate court has no jurisdiction of an appeal in an action commenced before a justice of the peace when the amount in controversy does not exceed $50. Colliery Co. v. American Car Co., 157 Ind. 111.

[Acts 1903, p. 280. In force March 9, 1903.]

1337f. Appeals in civil cases.-6. No appeal shall hereafter be taken to the supreme court or appellate court in any civil case where the amount in the controversy, exclusive of interest and costs, does not exceed $50.00, except as provided in section 8 of this act.

This section amends section 6 of the act of 1901, being section 1337f, Burns' R. S. 1901.

Under the act of 1901, section 1337f, Burns' R. S. 1901, no appeal lies either to the supreme or appellate court in any civil action within the jurisdiction of a justice of the peace unless the case comes within the exceptions in section 1337h. Shaul v. Citizens Bank, 157 Ind. 281; Lake Erie Ry. Co. v. Watkins, 157 Ind. 600; Baltimore R. R. Co. v. Harmon, 161 Ind. 358; Fitch v. Long, 29 App. 463; Everett Co. v. Bash, 31 App. 498.

The act of 1903, amending section 1337f, Burns' R. S. 1901, concerning the right of appeal to the supreme and appellate court when the amount in controversy does not exceed $50, does not apply to judgments rendered before such act took effect. Kepler v. Rinehart, 162 Ind. 504; Everett Co. v. Bash, 31 App. 498.

Appeals lie to the supreme or appellate courts, under the act of 1903, from all final judgments in actions to foreclose liens, without regard to the amount in controversy. Knowlton v. Smith, 163 Ind. 294.

1337g. Appeals in criminal cases.-7. Hereafter the defendant in all criminal cases of misdemeanors shall have the right of appeal to the supreme or appellate courts.

This section amends section 7 of the act of 1901, being section 1337g, Burns' R. S. 1901.

The statute of 1901, section 1337g, Burns R. S. 1901, concerning appeals in criminal actions, applies to prosecutions for contempt as well as to ordinary criminal actions. State v. Rockwood, 159 Ind. 94.

Under the act of 1901, section 1337g, Burns' R. S. 1901, no appeal is allowed in misdemeanor cases unless the case comes within one of the exceptions of section 1337h. Nichols v. State, 27 App. 444.

1337h. Supreme court, appeals to.

The right of appeal and the jurisdiction of the supreme court is within the control of the legislature. Lake Erie Ry. Co. v. Watkins, 157 Ind. 600.

The state may appeal on reserved questions of law when a defendant is acquitted on a charge of misdemeanor and the determination of such questions involves the construction of a statute. State v. Sopher, 157 Ind. 360.

If an indictment is properly quashed for reasons other than the unconstitutionality of the statute upon which it is based, the constitutionality of the statute is not involved on an appeal. State v. Wright, 159 Ind. 422.

To warrant an appeal to the supreme court under section 1337h, Burns' R. S. 1901, in actions commenced before justices of the peace, the record must affirmatively show that either the validity of a franchise or municipal ordinance is involved, or that the constitutionality of a state or federal statute, or the proper construction of a statute, is involved. Terre Haute R. R. Co. v. Erdel, 158 Ind. 344; Baltimore R. R. Co. v. Harmon, 161 Ind. 358.

An assignment of error on appeal, in an action commenced before a justice of the peace, that a statute is unconstitutional, will not confer jurisdiction on the supreme court. Standish v. Bridgewater, 159 Ind. 386.

as to

The construction by a court of a contract, and the determination of the rights of parties under a statute, does not involve the construction of such statute so confer jurisdiction of an appeal on the supreme court. Mendenhall v. Diamond Glass Co., 162 Ind. 132.

If a case is appealed to the appellate court which should have been appealed to the supreme court, the cause will be transferred to the supreme court. State v. Bagby, 29 App. 554.

The act of 1903, amending section 1337f, Burns' R. S. 1901, concerning the right of appeal to the supreme and appellate court when the amount in controversy does not exceed $50, does not apply to judgments rendered before such act took effect. Kepler v. Rinehart, 162 Ind. 504; Everett Co. v. Bash, 31 App. 498.

13371. Supreme court, appeals to.

When the validity of a municipal ordinance is involved on appeal the jurisdiction is in the supreme court. Taylor v. Patton, 160 Ind. 4.

1337j. Appellate court decisions final, when.

If the appellate court affirms a judgment without filing a written opinion, the losing party can not have the cause transferred to the supreme court because the opinion contravenes a ruling precedent of the supreme court, nor because a new question of law is erroneously decided. Craig v. Bennett, 158 Ind. 9.

When the supreme court orders a transfer of a cause from the appellate court to the supreme court the opinion of the appellate court is thereby vacated. Oster v. Broe, 161 Ind. 113.

If the appellate court, in the decision of a cause, misapprehends or misstates the facts disclosed by the record, the cause will not for this reason be transferred to the supreme court. Barnett v. Bryce Co., 157 Ind. 572.

The object of the statute permitting the transfer of certain cases decided by the appellate court to the supreme court, on the application of the losing party, is to enable the supreme court to control the declaration of legal principles contained in the opinion of the appellate court in the particular case. Klein v. Nugent Co., 162 Ind. 509.

Under clause 3 of section 1337j, Burns' R. S. 1901, providing for appeals from the appellate to the supreme court when the amount in controversy exceeds $6,000, an appeal can be taken from judgments for money only. Smith v. American Co., 160 Ind. 141; Burke v. Barrett, 161 Ind. 416.

If a judgment in favor of a defendant is affirmed by the appellate court, no appeal can be taken to the supreme court no matter how large a sum was demanded by the complaint in the action. Crum v. North Vernon Co., 163 Ind. 596; Leonard v. Whetstone, 163 Ind. 702.

On an appeal from the appellate to the supreme court when a judgment involves more than $6,000, the only proper assignment of error is that the appellate court erred in affirming or reversing the judgment appealed to such court. Tevis v. Hammersmith, 161 Ind. 74.

1337q. Decisions in writing, rehearing.

The appellate court is required to file written opinions only when the judgments appealed from are reversed, the constitutional provision on the subject applicable to the supreme court not applying to the appellate court. Craig v. Bennett, 158 Ind. 9; Woods v. Indiana Ass'n, 28 App. 359.

1362. Transfer of causes to supreme court.

When the supreme court orders the transfer of a cause from such court to the appellate court, the supreme court decides that jurisdiction is in the appellate court. Wagner v. Carskadon, 28 App. 573.

Section 1362, Burns' R. S. 1901, concerning the transfer of causes from the appellate to the supreme court, was not repealed by the act of 1901 regulating the jurisdiction of such courts. Wagner v. Carskadon, 28 App. 573.

Whenever the appellate court is of the opinion that any decision of the supreme court should be overruled or modified in order to correctly decide a cause pending in the appellate court, such cause may be transferred to the supreme court with recommendations as to what the law should be held to be. Western Union Co. v. Ferguson, 157 Ind. 64; Wagner v. Carskadon, 28 App. 573.

ARTICLE 3.-CIRCUIT COURTS.

SEC.

SEC.

1375a. Transfers to superior courts.

1394. Judicial circuits-Terms of courts.

[Acts 1905, p. 199. In force April 15, 1905.]

1375a. Transfers to superior courts.-1. That in all counties wherein may be organized circuit and superior courts, the judge of the circuit court may, upon his own motion, transfer any action filed and docketed in such circuit court to such superior court to be redocketed and disposed of as if originally filed with said superior court in any of the following instances: When any reason for change of venue from the judge of such circuit court is shown to exist as now or may hereafter be provided by law. Whenever more cases are filed in said circuit court during any term of said court than can be disposed of with expedition. In all other cases where, in the opinion of said circuit court, an early disposition of said case is required.

1394. Judicial circuits—Terms of courts.-Judicial circuits and the terms of courts being subject to such frequent changes, a list of the counties in alphabetical order, together with the number of the circuit and the time of beginning of terms, with a reference to the statute fixing the same, is given instead of the entire acts.

If an act fixes the time for the beginning of a term of court on a certain Monday after the taking effect of the act, the existing statute fixing the terms of such court will continue in force until the time specified in the act for the first term to begin. Rabb v. McAdams, 160 Ind. 492.

Adams county, 26th circuit.

Terms, 1st Monday of February, 2d Monday of April, 1st Monday of September and 3d Monday of November, 9 weeks.

Allen County, 38th circuit.

Acts 1897. p. 96, and 1903, p. 15.

Terms, 1st Monday of February, 3d Monday of April, 1st Monday of September and 3d Monday of November, 10 weeks.

Bartholomew County, 9th circuit.

Acts 1875, p. 47.

Terms, 1st Monday of February, 4th Monday of April, 1st Monday of September and 3d Monday of November, 6 weeks.

Benton County, 21st circuit.

Acts 1899, p. 198.

Terms, on Mondays following courts in Warren County, and continuing 6 weeks.

Acts 1905, p. 119

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