Supreme Court of Virginia, 1888

Cook v. Bondurant

Supreme Court of Virginia · Decided May 17, 1888 · Lewis

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

Cases that cite this one

2 later published cases cite this decision.

Steinman v. Clinchfield Coal Corp. (Va. Ct. App. 1917)
Cash v. Humphreys (Va. 1900)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.