Hartsook's Adm'r v. Crawford's Adm'r

Citations

• 85 Va. 413
• 7 S.E. 538
• 1888 Va. LEXIS 48

Syllabus

<p>1. Appeal&emdash;Jurisdiction&emdash;Criterion.&emdash;Jurisdiction of this court is limited to not less than $500. Amount actually in dispute is the criterion of jurisdiction. Plaintiff’s claim determines jurisdiction on his part. Amount adjudged to be paid by defendant determines it on his. In calculating amount involved in decree appealed from, all costs are excluded, and interest is not estimated beyond date of decree. Matter in controversy must not only be of the value of $500, but the controversy, in relation to matter of that value, must be continued by the appeal. Duffy v. Figgat, 80 Va. 664.</p> <p>2. Idem&emdash;Case at bar.&emdash;Where, in original suit against decedent’s estate, creditor’s claim exceeded $500, but when amount in administrator’s hands was ascertained, creditor’s share thereof fell below that sum, ad' ministrator defaulted and creditor filed an amended bill against administrator’s sureties, seeking to recover of them his said share. Upon plea of statute of limitations, the amended bill was dismissed;</p> <p>Held :</p> <p>No appeal to this court lies to the said decree.</p> <p>3. Idem&emdash;Joinder of claims.&emdash;Where several creditors have distinct and independent claims, these cannot be united in order to give this court jurisdiction. Thompson v. Adams, 82 Va. 672. 4</p>