Legal Opinion

McCarty & Hurlburt v. Hamaker

Supreme Court of Virginia

Decided October 7, 1886PublishedCited by 2 opinions

Appeal from decree of circuit court of Augusta county, rendered June 25, 1886, in the creditors’ suit wherein McCarty & Hurlburt and others, creditors of D. B. Hamaker, were complainants, and D. B. Hamaker, Amilda B. Hamaker, and A. C. Gordon, trustee, were defendants.

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Appeal from decree of circuit court of Augusta county, rendered June 25, 1886, in the creditors’ suit wherein McCarty & Hurlburt and others, creditors of D. B. Hamaker, were complainants, and D. B. Hamaker, Amilda B. Hamaker, and A. C. Gordon, trustee, were defendants. The aggregate amount of the claims asserted by the complainants was $3,904.50. The claim of McCarty and Hurlburt was for $433.46. J. W. Tuft’s claim was for $87.53, which was assigned by endorsement on the abstract of the judgment to McCarty & Hurlburt. The master audited and allowed each claim separately to the owners thereof,…

1Opinion of the CourtHinton, J.

This is a motion to dismiss the appeal for want of jurisdiction.

The debt of the appellants, plaintiffs below, as claimed in the bill, reported by the master, and confirmed by the court in the decree appealed from, is $433.46, with certain interests and costs—in the aggregate less than $500.00. But by virtue of an endorsement on one of the exhibits in the cause, dated May 26, 1886, which purports to be an assignment to the appellants by one Tufts of a judgment in his favor for $87.53, with costs, *473&c., it is now claimed that the debt of the appellants has been enlarged beyond the sum of…

2Cases cited1 opinion

  1. Lee v. WatsonSupreme Court of the United States · 1864

3Cited by2 opinions

  1. Hawkins v. GreshamSupreme Court of Virginia · 1888
  2. Lawson v. BransfordSupreme Court of Virginia · 1890

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