Opinion
12-18-1811
Henry's Executor v. Elcan, and the Henry's Executor v. Pickett, Pollard and Johnson
SYLLABUS
These were actions of assumpsit, originally brought in the Hustings court of the city of Richmond, by John Henry, against Marcus Elcan, 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. 0s. 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.
Judge Roane pronounced the opinion of the court.
OPINION
Friday, December 20th, JUDGE ROANE pronounced the opinion of the court, that the appeals be dismissed, the matters in controversy, exclusive of costs, being too small to give this court jurisdiction.
See 1 Rev. Code, c. 63, s. 2.