Henry's Executor v. Elcan 2 Munf. 541, 16 Va. 541

Henry’s Executor v. Elcan, and The Same v. Pickett, Pollard and Johnson.

Wednesday, December 18th, 1811.

Court oí Appeals — Jurisdictional Amount.* — If a judgment of a county or corporation court, being for less than one hundred dollars, exclusive of costs, be reversed by a superior court of law, upon a writ of supersedeas; whereupon judgment is entered that the plaintiff take nothing by his bill, &c. he cannot appeal to the court of appeals; notwithstanding his declaration demanded a larger sum than one hundred dollars.

See Cooke v. Piles, ante, ]51.

These were actions of assumpsit, originally brought in the Hustings court of the city of Richmond, by John Henry, against Marcus Rican, and Pickett, Pollard and ^Johnson. In the former case, the plaintiff by his declaration demanded 1391. 16s. 8d. for certain tobacco sold and delivered : and in the latter 1571. 19s. 3d. on a similar account. The judgments were for 241. Os. 5d. and 251. 16s. 5d., besides costs. Upon writs of supersedeas, they were both reversed by the district court of Richmond, and judgments entered for the plaintiffs in error, “that the original plaintiff take nothing,” &c. From which judgments, appeals were taken to this court, and, having abated by the death of John Henry, were revived in the name of his executor.