Duffy & Bolton v. Figgat

Citations

• 80 Va. 664
• 1885 Va. LEXIS 106

Syllabus

<p>1. Appeals — Jurisdiction—Plaintiff appellant — Defendant appellant. — If plaintiff’s claim exceed #500, and he apply for appeal, this court hath jurisdiction, though the judgment or decree be for less. But if the judgment or decree be for less than #500, principal and interest, at the date of the decree, and the defendant apply for appeal, this court hath not jurisdiction.</p> <p>2. Idem — Special commissioners — Defalcation.—Where purchasers at judicial sale are compelled to pay a second time a part of purchase money, by means of the special commissioner’s failure to give required bond, and his default in paying over money collected of them, the jurisdiction of this court to hear their appeal, depends on the amount of the defalcation, and not on the amount of his official bond.</p>