McCarty & Hurlburt v. Hamaker

Citations

• 82 Va. 471
• 5 S.E. 538
• 1886 Va. LEXIS 60

Syllabus

<p>1. Appellate Court—Jurisdiction—Joinder of claims.—Where appellant’s debt, as claimed in his bill and as allowed by the master and confirmed by the court, is less than the minimum of appellate jurisdiction, that debt cannot be supplemented so as to give this court jurisdiction, by appellant’s taking an assignment of another debt; unless the assignment was recognized by the master in his report, and by the court in its decree confirming the same.</p> <p>2. Idem—Cases distinguished.—In Fink, Brother & Co. v. Denny, 75 Va. 663, appellant’s claim was supplemented by their taking, during the progress of the cause, an assignment of another claim, which was audited and reported as the property of the assignees by the master, and the report confirmed by the court, so as to give jurisdiction to this court upon appeal. But in case at bar, the assigned claim was not audited and reported as the appellant’s property, and so recognized by the decree complained of.</p>