Blankenship v. Virginia Unemployment Compensation Commission

13 S.E.2d 409, 177 Va. 250, 1941 Va. LEXIS 213
CourtSupreme Court of Virginia
DecidedFebruary 24, 1941
DocketRecord No. 2321
StatusPublished
Cited by9 cases

This text of 13 S.E.2d 409 (Blankenship v. Virginia Unemployment Compensation Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blankenship v. Virginia Unemployment Compensation Commission, 13 S.E.2d 409, 177 Va. 250, 1941 Va. LEXIS 213 (Va. 1941).

Opinion

Spratley, J.,

delivered the opinion of the court.

The jurisdiction of this court to hear this appeal is challenged. To determine that question, a brief review of the facts and proceedings is required.

In the year 1939, there was a general stoppage of work in many of the coal mines in the southwestern section of this State. Among the miners who became unemployed were McKinley Blankenship, Henry A. Dailey, J. A. Carpenter, Paul B. Sykes, Taylor Glover and Archie A. Haggy, the appellants here. The appellants and several thousand other unemployed miners filed their separate benefit claims with the Virginia Unemployment Compensation Commission. ,See The Virginia Unemployment Compensation Act, Acts of Assembly, 1936-7, Ex. Sess., page 3; Virginia Code, 1938 Supplement, section 1887 (98).

The Commission, on account of the large number of claims having the same facts and involving the same issues, by consent of parties, heard the claim of Elbert Rainey, as a test case. It found that his unemployment was due to a stoppage of work resulting from a labor dispute, and that, therefore, he was disqualified to receive unemployment benefits. Virginia Unemployment Com[253]*253pensation Act, section 5' (d); Virginia Code, 1938 Supplement, section 1887 (97) (d). It then ordered that the claims filed hy other employees, upon the same facts, be denied. Among such other employees were the appellants.

A petition for review of the decision of the Commission was then filed in the Circuit Court of Tazewell County against the Unemployment Compensation Commission, its members and three coal companies, named as employers. “McKinley Blankenship, Taylor Glover, et als.,” are named in its caption as claimants. It recites that “Tour petitioners, McKinley Blankenship, et als., Claimants, humbly complaining would represent * * * that they are aggrieved by reason of” the decision of the Commission, and then states the grounds of complaint. It prays that “Tour petitioners and all other employees in Tazewell County, Virginia, in the same status of your petitioners, ’ ’ who have field appeals before the Commission for unemployment compensation benefits, be allowed such benefits, in accordance with their filed claims, and that the order of the Commission based upon its decision be set aside and annulled. The petition is signed, “McKinley Blankenship, et als., Claimants, by counsel”.

The appellants also filed an amended petition, seeking to include another mining' corporation as party defendant, setting out new and further allegations as to the status of the complainants and additional grounds for relief.

The Unemployment Compensation Commission and the defendant employers filed answers supporting the findings of the Commission and denying the right of the appellants to receive the benefits claimed.

For the information of the circuit court, a statement was filed showing the benefit status of the appellants as follows: Blankenship $65.42; Dailey $143.31; Carpenter $131.83; Sykes $240.00; Glover $166.50; and Haggy $230.40.

[254]*254The circuit court, upon review, approved and confirmed the decision of the Commission. From that decree the appellants applied for and obtained this appeal upon the ground that the decisions of the Commission and the trial court were contrary to the law and the evidence, and without evidence to support them.

■On the question of jurisdiction, the appellants contend that this court has jurisdiction to hear their appeal because the amount of their claims, in the aggregate, is more than $300, exclusive of interest and costs.

This court derives its jurisdiction and power wholly from the Constitution and statutes of this State. Its' jurisdiction rests solely upon the written law, and neither custom nor the consent of parties can enlarge it. When the legislature has prescribed limitations within which the right of appeal may be exercised, such limitations are exclusive, and the court cannot modify or enlarge them without express statutory authority.

Subsection (i) of section 6 of the Unemployment Compensation Act, Virginia Code, 1938 Supplement, section 1887 (98) (i), in effect in 1939, read as follows: “An appeal may be taken from the decision of such court (referring to a circuit or corporation court) to the Supreme ■Court of Appeals, in conformity with the general law governing appeals in civil cases.”

In 1940,'Acts 1940, ch. 334, the legislature substituted the word “equity” for the word “civil,” the next to the last word in the above excerpt from the Act. This change is not material here except to indicate the intention of the legislature to make the provision accord with a similar provision in the Workmen’s Compensation Act, Virginia Code 1936, section 1887 (61).

The general law, enacted in pursuance of section 88 of the Constitution of Virginia after the revision of 1928, to which such appeals must conform, is found in Virginia Code, Supp. 1938, section 6337:

“Ho petition shall be presented for an appeal from, or writ of error or supersedeas to, any final judgment, [255]*255decree, or order, whether the Commonwealth he a party or not, which shall have been rendered more than four months before the petition is presented, or if it be an appeal from a final order, judgment or finding of the State Corporation Commission which shall have been rendered more than four months before the petition is presented, or if it be an appeal from a final award of the Industrial Commission the petition be not presented within the time provided by section sixty-one of the Virginia Workmen’s Compensation Act (§1887(61) of this Code); * * * nor to a judgment, decree, or order of any court when the controversy is for a matter less in value or amount than three hundred dollars, exclusive of costs, unless there be drawn in question a freehold or franchise or the title or bounds of land, or the action of the State Corporation Commission or some matter not merely pecuniary; # * * .”

That the matter in controversy is merely pecuniary is not contested. Each individual appellant has a claim separate and distinct from that of his fellows. Neither appellant has any share or interest in the claims of his fellow-appellants, nor have they any interest in his. The appellants are not suing- as trustees for the benefit of all the unemployed miners, or as the representatives of a fund to which such miners are alleged to be entitled. No one of their several claims amounts to $300.

It has long been settled in Virginia that several claims, even though they be of like nature and against the same defendant, cannot be consolidated so as to give this court appellate jurisdiction. Gilman v. Ryan, 95 Va. 494, 28 S. E. 875; White v. Valley Bldg., etc., Co., 96 Va. 270, 31 S. E. 20; Lawson v. Bransford, 87 Va. 75, 12 S. E. 108; Gregory v. Bransford, 87 Va. 77, 12 S. E. 109.

Virginia Code, sections 6336 and 6337, both specifically exclude a monetary limitation as to appeals from the State Corporation Commission. Section 6337 specifically refers to appeals from the Industrial Commission, but [256]*256does not exclude the pecuniary limitation to appeals therefrom. Neither of the sections refers by name to the Unemployment Compensation Commission.

This is a case of first impression under the Virginia Unemployment Compensation Act.

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Bluebook (online)
13 S.E.2d 409, 177 Va. 250, 1941 Va. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blankenship-v-virginia-unemployment-compensation-commission-va-1941.