On Motion to Dismiss Appeal.
The opinion of the Court was delivered by
Plaintiff requests us to dismiss this appeal on the ground that the amount in controversy is below the lower limit of the jurisdiction of this Court.
The trial was by jury, and there was a general verdict in favor of the plaintiff, without damages, and the defendants, Marx & Kempner, plaintiffs in execution, appealed.
It is not “the amount in dispute,” but the matter in dispute, in such case, that gives this Court appellate jurisdiction. Under the amendment of Article 81 of Constitution of .1879, this Court has appellate jurisdiction of “suits involving the rights to homesteads.” Act No. 125 of 1882.
In a recent case this Court said of this amendment: “It is over such eases of homesteads alone, as are mentioned in the present, Constitution, that this Court has exclusive jurisdiction. 37 Ann. 109, State ex rel. Davidson vs. Judge.
The motion is refused.