Opinion · Supreme Court of the United States

Jenness v. Citizens' Nat. Bank of Rome

110 U.S. 52

Type: Opinion
Court: Supreme Court of the United States
Jurisdiction: Federal
Date: 1884-01-07
Topic: general

Mr. Chief Justice Waite delivered the opinion of the court. The judgment in this case is for $1,215.16, but it appears *53 affirmatively on the face of the record that of this amount $2,669.03 was not disputed below. The defence related alone to the difference between these two amounts, which is less than $5,000. The dispute here is only in reference, to the amount contested below.

Citator

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Cited by: 15 opinions

JENNESS v. CITIZENS' NATIONAL BANK OF ROME,110 U.S. 52(1884)

3 S.Ct. 425

JENNESSv. CITIZENS' NATIONAL BANK OF ROME.

IN ERROR TO THE CIRCUIT COURT FOR THE EASTERN DISTRICT OF MICHIGAN.

Submitted December 20th, 1883.

Decided January 7th, 1884.

Appeal — Jurisdiction. When a judgment below is for an amount sufficient to give jurisdiction above, but it appears affirmatively on the record that after deducting from it an amount not in contest below, there remains less than the jurisdictional sum, this court has no jurisdiction.

Mr. W.B. Williamsfor the plaintiff in error.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

The judgment in this case is for $7,275.16, but it appearsPage 53affirmatively on the face of the record that of this amount $2,669.03 was not disputed below. The defence related alone to the difference between these two amounts, which is less than $5,000. The dispute here is only in reference to the amount contested below. Such being the case, we have no jurisdiction. The cases ofGrayv.Blanchard,97 U.S. 564;Tintsmanv.National Bank,100 U.S. 6; andHiltonv.Dickinson,108 U.S. 165, are conclusive to this effect.Dismissed.