Tompkins v. Burgess
West Virginia Supreme Court
These causes arose in Kanawha county, and were both brought to July Buies, 1865. The actions were of similar character, trespass, for taking and carrying away, two horses the property of the plaintiff, Charles Tompkins.
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These causes arose in Kanawha county, and were both brought to July Buies, 1865. The actions were of similar character, trespass, for taking and carrying away, two horses the property of the plaintiff, Charles Tompkins. They were on the docket for the first time at the December term, 1865, and were then continued; At the June term, 1866, they were set for trial on the fifth day, but were not then tried ; and were called on the tenth day, when they were passed by the plaintiff, and by the rule of the court, they passed to the next calling of the docket, when they were again reached on the…
1Opinion of the Court
Maxwell J.
These cases wore argued together and involve the same questions of law and fact, I shall therefore consider them together.
In one case the judgment of the court below is for 125 dollars exclusive of costs, and in the other it is for 176 dollars exclusive of costs.
It is objected that this court has no appellate jurisdiction of either of these cases, because the matter in controversy exclusive of costs is not of greater value or amount in either case than 200 dollars.
The 8th section of the 6th Art. of the Constitution of this State declares that this court “ shall have appellate j…
2Cited by9 opinions
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Cicerello v. C. & O. Railway Co.West Virginia Supreme Court · 1909
- Hutchinson v. Montgomery Memorial Park Corp.West Virginia Supreme Court · 1945
- Waldron v. SperryWest Virginia Supreme Court · 1903
- Fulmer Coal Co. v. Morgantown & Kingwood RailroadWest Virginia Supreme Court · 1905
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