When the highest court of a state dismisses a case upon the
ground that the matters involved were purely pecuniary, and that
the amount in controversy was less than sufficient to give the
court jurisdiction under the constitution of the state, no federal
question arises.
When the court cannot pass upon a motion to dismiss without
referring to the transcripts on file, it will deny the motion
without prejudice.
Page 139 U. S. 198
Motion to advance and motion to dismiss. The case is stated in
the opinion.
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 Virginia, except
Dillard v.
Moorman, No. 1,638, which is a writ of error to the
corporation court for the City of Lynchurg. A motion is now made in
each case 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, No. 1,271, was carried to the
Court of Appeals on writ of error to the Corporation Court of the
City of Lynchurg, and that
Gregory v. Bransford, No.
1,595,
Litchford v. Day v. Bransford, No. 1,595,
Litchford v. Day, No. 1,598, and
Lawson v.
Bransford, 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. Commonwealth, No. 1,594,
Mallan Bros. v. Bransford, No. 1,596, and
Dillard v.
Moorman, No. 1,638, 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.