Miller v. Joseph Et Al

• Decision Date: 01 October 1873
• Citation: 17 Wall. 655,21 L.Ed. 741,84 U.S. 655
• Parties: MILLER v. JOSEPH ET AL
• Court: U.S. Supreme Court

84 U.S. 655

21 L.Ed. 741

17 Wall. 655

MILLER v. JOSEPH ET AL.

October Term, 1873

ERROR to the Supreme Court of Appeals of Virginia; the case being thus:

In 1868 one Joseph recovered a judgment in the Circuit Court of Rockingham County, Virginia, against a certain Miller for a sum less than $500—costs and interest included—and issued execution thereon. In 1869 Miller filed a bill in chancery in the same Circuit Court to restrain the collection of the judgment and for a new trial, making Joseph and the sheriff of that county parties. They appeared and answered. The Circuit Court, at the hearing, which was had on the pleadings, dismissed the bill.

The plaintiff then applied to the Supreme Court of Appeals of the State to allow an appeal from the decree of the Circuit Court, but that court refused to allow it. Miller then sued out of this court a writ of error to review this action of the Supreme Court of Appeals. With certain exceptions, not embracing the present case, the constitution of Virginia of 1870 does not allow an appeal in civil cases where the amount in controversy is under $500.

Mr. David Fultz, for the plaintiff in error; Messrs. Woodson and Compton, contra.

Mr. Justice FIELD delivered the opinion of the court.

The writ of error in this case must be dismissed. The Court of Appeals of Virginia had no jurisdiction to review the decree of the Circuit Court of Rockingham County, and therefore rightfully refused to allow an appeal therefrom. The amount in controversy was less than five hundred dollars, and the constitution of Virginia, of 1870, withholds jurisdiction from the Court of Appeals in civil cases where the matter in controversy is under that sum, with certain exceptions within which the present case does not fall. The Circuit Court of Rockingham County is the highest tribunal of the State in which a decision of the case could be had, and if a writ of error to review its judgment was allowable at all from this court, it should have been issued to that court and not to the Court of Appeals.^*

WRIT DISMISSED.

* Constitution of Virginia of 1870, Art. VI, sec. 2.