Harman v. City of Lynchburg
Supreme Court of Virginia
In July, 1869, B. Desha Harman brought his action on the case against the city of Lynchburg,’ to recover from the city the value of one hundred and sixty-nine gallons of whiskey, worth $672.00, which he had stored ■ in the said city in April, 1865, with his commission merchants and which he alleged (although this was not shown in the record in the appellate court) the city, ' through its legally constituted authorities, took possession of, and without the consent of the…
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In July, 1869, B. Desha Harman brought his action on the case against the city of Lynchburg,’ to recover from the city the value of one hundred and sixty-nine gallons of whiskey, worth $672.00, which he had stored ■ in the said city in April, 1865, with his commission merchants and which he alleged (although this was not shown in the record in the appellate court) the city, ' through its legally constituted authorities, took possession of, and without the consent of the plaintiff or his consignees, poured it into the streets of said city; so that hy the wrongful act of the defendant the said…
1Opinion of the CourtBurks, J.
Objection is made by the defendant in error to the jurisdiction of this court to review the judgment of the court below, on the ground that the matter in controversy, exclusive of costs, is less in value or amount than five hundred dollars. Constitution of Virginia, Art. 6, § 2; Code of 1873, ch. 178, § 3.
The language, “matter in controversy,” employed in our Constitution (Art. 6, supra) is of the same import as the terms, “matter in dispute,” found in the *39act of Congress, commonly called the judiciary act, (Rev. Stat. of IT. States, 2nd Ed., § 690), regulating the appellate jurisdiction of…
2Cases cited1 opinion
- Campbell v. SmithSupreme Court of Virginia · 1879
3Cited by1 opinion
- Shelton v. OgusSupreme Court of Virginia · 1959