Downham v. Alexandria
Downham v. Alexandria
Opinion
delivered the opinion of the court
The act of February, 1867, extends the limitation upon appeals to all cases where original judgments of the Circuit Court are fully sustained by the judgment of the District Court, and where the amount in controversy does not exceed *661 the legislative limit. And the case before us, though not excluded from the appellate jurisdiction of the Court of Appeals by the Constitution, seems to be excluded by this act. The only question, then, is whether -this act of the legislature is in conflict with the constitution of the State. And we perceive no conflict. The legislature, then, having thought fit to make the judgment of the District Court in this case final and without appeal, that court is, for this case, the highest court in which the decision could be made; and the writ of error is, therefore, warranted by the act of Congress, and regular. Motion to dismiss must be
Denied.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. The act of the Virginia legislature of February 27th, 1867, by which it was enacted that appeals to the Supreme Court of Appeals of the State from the State District Courts should not be allowed when those last fully affirmed the judgments of the County Courts, unless the matter in controversy exceeded $1000, is not inconsistent with the provision in the Constitution of 1864, which exclnded appeals from the said District Courts to the Supreme Court, except in certain cases specified, unless the matter in controversy amounted to $500. 2. Where the State court in which a judgment in a suit is given is the highest court of law or equity in the State in which a decision in that suit can be had, a right of review exists here under the 25th section of the Judiciary Act (if the case be otherwise one for review here under that section), although that court may not be actually the highest court of law or equity in the State.