Litchford v. Day
Litchford v. Day
Opinion of the Court
delivered the opinion of the court.
This is an appeal from a decree of the corporation court of the city of Lynchburg, rendered on the 27tli day of September, 1889. In making up the record in this case for an appeal, the counsel representing the parties intending to appeal gave notice to the counsel of the opposite party of such intention, as required by section 3457 of the Code of Virginia. The counsel, however, were not able to make up the record by agreeing on the copies as provided for by section 3458, and under section 3459, the question was submitted to the judge. Section 3459 isas follows: “If the appellee or defendant in error or his counsel desire any part of the record to be copied, and the appellant or his counsel object to the same, the question may be referred to the judge of the court in which the case was decided, who shall decide the same, and the clerk in making out the transcript shall conform to his instructions.” I he judge of the corporation court of Lynchburg, to whom the question was referred under the foregoing section of the Code, directed the clerk as follows: “ In respect to copying the records for appeal in the cases mentioned within (Day, Sergeant, v. Litchford, and fifty-one cases), make one complete record in one case, which record is to serve as the record for all the
While we cannot determine this question by an inspection of the several cases which appear here only by their names, we find that in the Litchford Case, which1 is presented to this court as the typical case by the appellants’ counsel (the same counsel representing all the cases), and by whose request and insistence the transcript of the record was so made up, that the controversy is over the sum of twenty-six dollars and sixty-three cents, and two dollars and ninety-six cents, an amount so small that its selection as the type of all indicates that all are of the same or a similar amount. The case of Litchford v. Day, being below the jurisdictional amount of five hundred dollars prescribed for this court by the Constitution of the State, must be dismissed for that cause, and the other appeals must be dismissed as improvidently awarded. If they are like the type, they must be dismissed for the same reason
Appeals dismissed.
Reference
- Full Case Name
- LITCHFORDS. V. DAY. (And 49 other cases.)
- Status
- Published
- Syllabus
- 1. AppellatePractice—Jurisdictional minimum.—The amount involved being less than 8500, and the cases not coming within any of the exceptions provided for in section 2, Article 6, of the Constitution of the State, the appeals must be dismissed. 2. Idem:—Record—Case at bar.—There being numerous cases identical, except as to the amounts and litigants’ names, the clerk made out a complete record in one case and mentioned only the names of the parties in the other cases without giving the amount involved in each thereof; held, this court cannot consider the said cases, and must dismiss the appeals therein.