SEIBERT v. CITY OF EVANSVILLE

1. MUNICIPAL CORPORATIONS. — Civil Action. — Suit to Recover Penalty for Violation of Ordinance. — A suit by a city to recover the penalty for the violation of a city ordinance is a civil action. p. 189.

2. APPEAL. — Amount in Controversy. — Nature of Subject-Matter. — Statute. — Where the amount in controversy in a civil action, exclusive of interest and costs, does not exceed fifty dollars ($50) no appeal will lie to the Supreme or Appellate Court unless the case presents for decision a question as to the validity of a franchise or ordinance, the constitutionality or proper construction of a statute, or rights guaranteed by the state or federal constitution, (§§ 1389, 1391 Burns 1914, § 1, Acts 1903 p. 280, § 8, Acts 1901 p. 566). p. 189.

PER CURIAM.

The appellee sued appellant to recover a penalty for an alleged violation of a city ordinance, and recovered a judgment against him for $5 and costs. Such a suit is a civil action. Shea 1. v. City of Muncie (1897), 148 Ind. 14, 33, 46 N.E. 138.

Where the amount in controversy in a civil action, exclusive of interest and costs, does not exceed $50, no appeal will lie to the Supreme or Appellate Court unless the case presents for 2. decision a question as to the validity of a franchise or ordinance, the constitutionality or proper construction of a statute, or rights guaranteed by the state or federal constitution. §§ 1389, 1391 Burns 1914, § 1, Acts 1903 p. 280, § 8, Acts 1901 p. 566.

No such question being presented by this appeal, it cannot be maintained. The appeal is dismissed.