Graves v. Black

• Decision Date: 31 May 1822
• Citation: 1 Mo. 221
• Court: Missouri Supreme Court
• Parties: GRAVES & RAVENSCROFT. ADM'RS OF WOLVERTON, v. BLACK.

1 Mo. 221

GRAVES & RAVENSCROFT. ADM'RS OF WOLVERTON,

v.BLACK.

Supreme Court of Missouri.

May Term, 1822.

JONES, J.

This was originally a debt for twenty-five dollars, brought by the plaintiff against the defendant, before a Justice of the Peace of Cape Girardeau county, who gave judgment against the defendant for costs. From this judgment the plaintiffs prayed and obtained an appeal to the Circuit Court, who gave judgment against the plaintiffs for costs; the cause being submitted to the Court. During the trial, a bill of exceptions was filed to the opinion of the Court, for rejecting the testimony of Ravenscroft, one of the administrators, to prove facts that came to his knowledge before he was admintrator. A writ of error having been brought to reverse the judgment of the Circuit Court, and the only error assigned is on the bill of exceptions for rejecting the testimony of the administrator. The defendant did not join in error, but moved the Court to dismiss the writ of error for want of jurisdiction in this Court, the demand being for less than one hundred dollars, exclusive of costs. The defendant relied on the fifth section of the act regulating the decisions of the Supreme Court, approved 12th December, 1820, which provides that the jurisdiction of the Supreme Court, in cases not specially provided for by the Constitution of this State, shall be limited to appeals, writs of error, or supersedeas, to reverse the decrees of the Court of Chancery, or judgment of the Circuit Courts, where the matters in controversy shall be equal in value, exclusive of costs, to one hundred dollars, &c. The plaintiffs contend that the act of Assembly, limiting the sums for which a writ of error or appeal may lie, is unconstitutional and void by the 2nd section of the 5th article of the State Constitution, which declares that the Supreme Court, except in cases otherwise directed by the Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State; and also, by the 3rd section of the same article, which declares that the Supreme Court shall have a general superintending control over all inferior Courts of Law.^(a) The decision of this Court in the case of Wolverton's Administrators against Priest, made at this term, settles the question that a writ of error lies, in cases where the matter in controversy shall not be equal in value to one hundred dollars, exclusive of costs. Therefore the motion for quashing the writ of error is...