26 W. Va. 87 | W. Va. | 1885
The first question to be decided is: Has this Court jurisdiction to hear and determine this case ? The jurisdiction of this Court is declared in the Acts of 1882, chapter one hundred and fifty-six, section four. There are but two provisions in this statute conferring appellate jurisdiction on this Court, which it would be possible for any one to imagine conferred jurisdiction in this case on this Court. These provisions are: “ Their appellate jurisdiction shall extend to civil cases when the matter in controversy exclusive of costs, is of greater value or amount than $100.00second, “in controversies concerning the title or boundaries of land.” Neither of these clauses gives this Court jurisdiction in this case. To give this Court jurisdiction not only must the matter in controversy in the suit, on which the judgment was rendered, be of the value of $100.00 exclusive of costs, but the controversy in relation to the matter of that value must be continued by the writ of error. (See Rymer v. Hawkins et al., 18 W. Va. 309, syl. 1, and 316 et seq; Bee v. Burdett, 23 W. Va. 748; Neal v. Van Winkle, 24 W. Va. 404; McKinney v. Kirk & Bro., 9 W. Va. 32.)
TJpon a writ of error by the defendant in this case the matter continued in controversy in this Court is only the amount of the judgment rendered by the court on December 8,1882, that is, $12.00 with interest from that date and the costs of the defendant below. (Lewis v. Long, 3 Munf. 136 and other cases cited in Rymer v. Hawkins et al., 18 W. Va. 316 et seq.) Nor has this Court any jurisdiction by virtue of the second clause above quoted ; for this is not a controversy concerning the title or boundaries of land. It is true, that the bills of exception in this case show, that the title and bounds of the tract of land named in the declaration, for the breach of the close of which this action was brought, were drawn in question, the defendant by his evidence showing, that he claimed, that he and not the plaintiff had title to this land. “ But in this action of trespass guare clausum fregit damages only are recovered; and although the, title or bounds of land may be incidentally and. collaterally brought in question, yet the value of the matter in controversy is from the very nature of the action the value of the damages sustained by the trespass;
Upon reason as well as on the express authority of these cases it seems to me obvious, that this Court has no jurisdiction in this case, the judgment rendered against the plaintiff in error being less than $100.00. If the judgment had exceeded $100.00 in amount, this Court would have had jurisdiction ; but even then we could not have considered the case on its merits. For even had we been of opinion, that all the in
For the reasons I have given this Court is without jurisdiction to determine any of the questions in controversy between the parties; and the writ of error and supersedeas granted in this case must be dismissed as improvidently awarded; and the plaintiff in error, Samuel Gf. Sapp, must pay to the defendant in error, Levi Greathouse, his costs expended in this Court.
Wbit Dismissed.