Legal Opinion

Hawkins v. Gresham

Supreme Court of Virginia

Decided May 10, 1888PublishedCited by 13 opinions

Appeal from decree of circuit court of Danville, entered September 19th, 1887, in the chancery cause wherein John H. Gresham was complainant and 0. E. Hawkins, Edwin Hill, trustee, and Lucy A. Hawkins were defendants. The bill in this cause was filed by the appellee, on behalf of himself and all other creditors who should come in and contribute to pay the costs, in order to set aside certain deeds, executed by the appellant, as actually fraudulent.

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Appeal from decree of circuit court of Danville, entered September 19th, 1887, in the chancery cause wherein John H. Gresham was complainant and 0. E. Hawkins, Edwin Hill, trustee, and Lucy A. Hawkins were defendants. The bill in this cause was filed by the appellee, on behalf of himself and all other creditors who should come in and contribute to pay the costs, in order to set aside certain deeds, executed by the appellant, as actually fraudulent. The claim of the plaintiff was, principal and interest, exclusive of costs, $207.30; and an account of all liens being taken and reported, they…

1Opinion of the CourtLacy, J.

(after stating the case as aforesaid), delivered the opinion of the court.

There is a motion here to dismiss the appeal for want of jurisdiction ; the amount of the decree against the defendant being purely pecuniary, and falling below the jurisdictional sum of $500. And this is the first question to be here determined. As has been often said, we will say again, the jurisdiction of this court is limited by the constitution to an amount not less than $500. The amount actually in dispute is the criterion of jurisdiction. The plaintiff's claim determines the jurisdiction on his side, and the…

2Cases cited8 opinions

  1. Fink, Brother & Co. v. DennySupreme Court of Virginia · 1881
  2. Umbarger v. WattsSupreme Court of Virginia · 1874
  3. Campbell v. SmithSupreme Court of Virginia · 1879
  4. Smith v. RosenheimSupreme Court of Virginia · 1884
  5. Duffy & Bolton v. FiggatSupreme Court of Virginia · 1885

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
  2. Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
  3. Duncan v. State Highway CommissionSupreme Court of Virginia · 1925
  4. Cook v. DaughertySupreme Court of Virginia · 1901
  5. McClaugherty v. MorganWest Virginia Supreme Court · 1892

8 more not listed; retrieve them via the Exa API.

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