Rymer v. Hawkins
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Ritchie, rendered on the 9th day of March, 1881, in a cause in said court then pending, wherein William M. Rymer was plaintiff and Mary L. Hawkins and others were defendants, allowed upon the petition of said Hawkins. Hon. Thomas J. Stealey, judge of the fourth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Ritchie, rendered on the 9th day of March, 1881, in a cause in said court then pending, wherein William M. Rymer was plaintiff and Mary L. Hawkins and others were defendants, allowed upon the petition of said Hawkins. Hon. Thomas J. Stealey, judge of the fourth judicial circuit, rendered the decree appealed from. HayMOND, Judge, furnishes the following statement of the case : The plaintiff filed his bill in equity in the circuit court of Ritchie county, in which he sets up a judgment, which, he alleges, was…
1Judgment of the CourtHaymoND, Judge
It is insisted by the appellee, Eymer, by his attorney, that this court has not jurisdiction to entertain and determine the *314appeal and supersedeas in this cause, because the amount in controversy in the cause does not exceed $100 exclusive of interest, and that for this reason the appeal ami supersedeas should be dismissed as being impi’ovidontly awarded. If this position is sound, then all other questions raised in the cause are immaterial, and it is unnecessary to consider them in this case. I therefore at once proceed to consider the question of jurisdiction. It must be observed in the…
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