St. Louis Transfer Co. v. Canty

Citations

• 103 Ill. 423
• 1882 Ill. LEXIS 192

Syllabus

<p>1. Appeal—directly from the trial court to this cowrt. This court has no jurisdiction of an appeal directly from the judgment of the circuit court, when the sole question presented is, whether the court erred in holding that a garnishee was not protected by a judgment of a justice of the peace disregarding the amount of the statutory exemption in case of wages due from an employer, the appeal presenting no question of the validity of a statute or construction of the constitution.</p> <p>2. It is not sufficient to give this court jurisdiction of an appeal directly from the trial court, that counsel should claim in his brief that the claim was made below that a statute was not constitutionally enacted, and the record shows that by stipulation of the parties the journal of the House of Representatives of the session in which the law was enacted was agreed to be considered as a part of the record, when no point is made here as to the validity of the statute.</p> <p>3. It is not enough for counsel merely to say the validity of the statute is involved, to give this court jurisdiction of an appeal direct from the trial court. The record must show that the validity of the statute is in good faith, and not simply pretendedly involved, to give jurisdiction on that ground.</p>