Cook v. Bondurant

Supreme Court of Virginia

Cook v. Bondurant

6 S.E. 618, 85 Va. 47, 1888 Va. LEXIS 9

CourtSupreme Court of Virginia

DecidedMay 17, 1888

StatusPublished

Cited by2 cases

This text of 6 S.E. 618 (Cook v. Bondurant) 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

Cook v. Bondurant, 6 S.E. 618, 85 Va. 47, 1888 Va. LEXIS 9 (Va. 1888).

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Opinion

Lewis, P.,

delivered the opinion of the court.

This appeal must be dismissed for want of jurisdiction. The decree is for $400, with interest thereon from the 1st day of March, 1886, less $50 as of the 1st day of January, 1886, and costs, which is less in amount than $500. The fact that the land in the proceedings mentioned is ordered to he sold, unless the sum decreed against the defendant is paid within a specified time, is immaterial. As this court has repeatedly decided, the [48]*48pecuniary demand asserted is, in such a case, the matter in com troversy, and not “the title or boundaries of land”; and when the' defendant is the appellant, as is the case here, the test of jurisdiction is the sum decreed against him. Umbarger v. Watts, 25 Gratt. 167; Harman v. City of Lynchburg, 33 Gratt. 37; Hawkins v. Gresham, ante, 34, and cases cited.

Appeal dismissed.

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Lewis, P.,

delivered the opinion of the court.

This appeal must be dismissed for want of jurisdiction. The decree is for $400, with interest thereon from the 1st day of March, 1886, less $50 as of the 1st day of January, 1886, and costs, which is less in amount than $500. The fact that the land in the proceedings mentioned is ordered to he sold, unless the sum decreed against the defendant is paid within a specified time, is immaterial. As this court has repeatedly decided, the [48]*48pecuniary demand asserted is, in such a case, the matter in com troversy, and not “the title or boundaries of land”; and when the' defendant is the appellant, as is the case here, the test of jurisdiction is the sum decreed against him. Umbarger v. Watts, 25 Gratt. 167; Harman v. City of Lynchburg, 33 Gratt. 37; Hawkins v. Gresham, ante, 34, and cases cited.

Appeal dismissed.

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Bluebook (online)

6 S.E. 618, 85 Va. 47, 1888 Va. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-bondurant-va-1888.

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