Fleischman v. Walker

Citations

• 91 Ill. 318

Syllabus

<p>1. Apremíate jurisdiction of the Supreme Court—Practice act of 1877—of its constitutionality as respects the subject of the act and its title. The Practice act, as amended in 1877, has the following title: “An act to amend an act entitled ‘an act in regard to practice in courts of record.’ ” It is held, that sections 67 and 88 of the act, in assuming to increase the jurisdiction of the Appellate courts and restrict the jurisdiction of this court., are not in violation of section 13 of article 4 of the constitution, which provides that “no act hereafter passed shall embrace more than one subject, and that shall be expressed in the title.”</p> <p>2. Same—and herein, what is comprehended in the word “practice.” The mode and order of procedure in obtaining compensation for an injury by action or suit in the courts, from the inception of such' suit until it ends in the final determination of the court of last resort, are all comprehended in the term “practice.” The relative jurisdiction of the several courts, the modes by which, and the extent to which controversies may be transferred for trial or review from one tribunal to another, and, when several transfers are allowed, the order of sequence in such transfers, are all included in what is called the practice of the courts. So the sections of the statute mentioned appertain to the course of practice in the courts of record, and are germane to the subject expressed in the title.</p> <p>3. Same—of the right as provided by the constitution. The constitution, by section 2 of article 6, confers upon the Supreme Court original jurisdiction in certain cases, “and appellate jurisdiction in all other cases,” but this does not give the option to a party as to whether he will go to the Appellate court in any case: It may well be, under section 11 of the same article, that this appellate jurisdiction “in all other cases,”, shall be acquired through the intermediate appellate courts therein provided.</p> <p>4. Moreover, construi