Opinion
36722
June 14, 1934
Present, Campbell, C.J., and Holt, Epes, Hudgins and Browning, JJ.
APPEAL AND ERROR — Amount in Controversy — Mechanic's Lien — Claim of Each Creditor Less than $300. — The instant suit was to enforce a mechanic's lien.
Held: That an appeal by the mechanic's lien creditors must be dismissed, as improvidently awarded, where the claim of each was less than $300.
Appeal from a decree of the Circuit Court of the city of Norfolk.
Appeal dismissed.
The opinion states the case.
Harry H. Kanter and Segal Segal, for the appellants.
Smith Smith, for the appellees.
W. C. Arrington and Company, Incorporated, instituted this suit for the purpose of enforcing a mechanic's lien which it had perfected on the property of Nellie C. Wright. Numerous mechanic lien creditors, including appellants, filed their separate petitions in the same cause and for the same purpose.
The chancellor held that complainant and the Building Supplies Corporation, another lien creditor, were entitled to the entire sum due by the owner to the general contractor. Eleven of the respondents sought and obtained this appeal. The claim of each is less than $300. This brings the case within the influence of the decision in Gilman v. Ryan, 95 Va. 494, 28 S.E. 875.
For the reasons there stated, the motion to dismiss the appeal, as improvidently awarded, is sustained.
Dismissed.