CALLAN
v.
BRANSFORD; JONES V. VIRGINIA; GREGORY V. BRANSFORD; MALLAN V. BRANSFORD; LAWSON V. BRANSFORD; LITCHFORD V. DAY; DILLARD V. MOORMAN

U.S. | 1891-03-09
Nos. 1271, 1594, 1595, 1596, 1597, 1598, 1638
139 U.S. 197 Supreme Court of the United States (1891) Positive Treatment
Also reported at: 35 L. Ed. 144 · 11 S. Ct. 519 · 1891 U.S. LEXIS 2372 · SCDB 1890-163
Cited by 12 cases

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Synopsis

The Supreme Court dismissed writs of error from Virginia state courts in cases where the state court of appeals had rejected review on the ground that the disputes involved purely pecuniary matters with amounts insufficient to meet the court's jurisdictional threshold under Virginia's constitution. The Court held that where state courts lack jurisdiction over a case, the U.S. Supreme Court likewise cannot exercise jurisdiction through writs of error to review those decisions.

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Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

These cases are brought here by writ of error to the Supreme Court of Appeals of the State of Yirginia, except Dillard v. Moorman, No. 1638, which is a writ of error to the Corporation Court for the city of Lynchburg. A motion is now made by plaintiff in error to advance, and a-motion to dismiss on behalf of defendant in error. It appears .from the motion papers that Callan v. Bransford, Treasurer, No. 1271, was carried to the Court of Appeals on writ of error to the Corporation Court of the city of Lynchburg, and that Gregory v. Bransford, Treasurer, No. 1595, Litchford v. Day, Sergeant, &c., No. 1598 and Lawson v. Bransford, Treasurer, No. 1597, were taken to that court by appeal.

The writ of error in the one case, and the appeals in the three others, were dismissed by the Court of Appeals upon the ground that the matters involved were purely pecuniary, and that the amount in controversy in each case was less than sufficient to give the court jurisdiction under the constitution of the State. This being so, we are of opinion that the writs' of error to that court must be dismissed, and it will be

So ordered.

The motion papers in Jones v. The Commonwealth, No. 1594, Mallan Bros. v. Bransford, Treasurer, No. 1596, and Dillard v. Moorman, Treasurer, No. 1638, are not such that we can pass upon the motions to dismiss without referring to the transcripts on file, which we ought not to be obliged to do. These motions and the motions to advance will be

Denied, but without prejudice.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Staub v. City of Baxley, 355 U.S. 313 (U.S. 1958)
    …es of practice to be applied in- its exercise; and the state-law and practice in this regard are no less applicable when Federal rights are in controversy than when the case turns entirely upon questions of local or general law. Callan v. Bransford, 139 U. S. 197; Brown v. Massachusetts, 144 U. S. 573; Jacobi v. Alabama, 187 U. S. 133; Hulbert v. Chicago, 202 U. S. 275, 281; Newman v. Gates, 204 U. S. 89; Chesapeake & Ohio Railway Co. v. McDonald, 214 U. S. 191, 195.” John v. Paullin, 231 U. S. 583, 585. Th…
  • Gen. Oil Co. v. Crain, 209 U.S. 211 (U.S. 1908)
    …remedies so far as its own courts are concerned. This difference is urged as material, and the following cases are adduced: Semple v. Hagar, 4 Wall. 431; Norton v. Shelby County, 118 U. S. 425; Smith v. Adsit, 16 Wall. 185, 190; Gallen v. Bransford, 139 U. S. 197; Freeport Water Co. v. Freeport City, 180 U. S. 587, 601; Newman v. Gates, 204 U. S. 89, 95; Chambers v. Baltimore & Ohio R. R. Co., 207 U. S. 142. A review of these cases becomes necessary. In Semple v. Hagar, Semple had a patent from the United S…
  • John v. Paullin, 231 U.S. 583 (U.S. 1913)
    …es of practice to be applied in its exercise; and the state law and practice in this regard are no. less applicable when Federal rights are in controversy than when the case turns entirely upon questions of local or general law. Callan v. Bransford, 139 U. S. 197; Brown v. Massachusetts, 144 U. S. 573; Jacobi v. Alabama, 187 U. S. 133; Hulbert v. Chicago, 202 U. S. 275, 281; Newman v. Gates, 204 U. S. 89; Chesapeake & Ohio Railway Co. v. McDonald, 214 U. S. 191, 195. But it is said that the proceedings by w…

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