Alexander Gordon and Others v. Francis Ogden

• Court: U.S. Supreme Court
• Citation: Alexander Gordon and Others v. Francis Ogden, 28 U.S. 33, 3 Pet. 33, 7 L.Ed. 592 (1830)
• Decision Date: 01 January 1830
• Parties: ALEXANDER GORDON AND OTHERS v. FRANCIS B. OGDEN

28 U.S. 33

3 Pet. 33

7 L.Ed. 592

ALEXANDER GORDON AND OTHERS v. FRANCIS B. OGDEN.

January Term, 1830

WRIT of error to the circuit court for the district of Louisiana.

Mr Ogden moved to dismiss the writ of error in this case, on the ground that the court had not jurisdiction of the cause, the sum in controversy not amounting to two thousand dollars, the amount for which a writ of error is allowed. He stated, that the action was instituted for the violation of a patent, and the amount of the recovery in damages was four hundred dollars, by the verdict of the jury. If, under the provision of the patent law, the damages are to be trebled, it will not amount to a sum authorising the writ of error.

Although the damages laid in the declaration are two thousand six hundred dollars, yet, after verdict, as the writ of error is taken by the defendant below, the only matter in dispute here is the amount of the verdict, or at most, treble that sum, being twelve hundred dollars. If the sum stated in the declaration shall be allowed to ascertain the amount in dispute, in every case of tort or of claims of uncertain damages, the plaintiff, who might insert any sum in his declaration, could secure the right to a writ of error to this court.

Mr Cox, for the plaintiff in error, the defendant below, on the authority of Wilson vs. Daniel, 3 Dall. Rep. 401 1 Condensed Reports, 185, contended, that the matter in dispute originally, determined the jurisdiction; and in this case the sum stated in the declaration ascertains the amount. He also cited Payton vs. Robertson, 9 Wheaton, 527. Cooke vs. Woodrow, 5 Cranch, 14.

Mr C. J. MARSHALL delivered the opinion of the Court.

A motion has been made to dismiss his writ of error because the court has no jurisdiction over it. The plaintiff below claimed more than two thousand dollars in his declaration, but obtained a judgment for a less sum. The defendant below has sued out a writ of error, and contends now that the matter in dispute is not determined by the judgment, but by the sum claimed in the declaration.

This court has jurisdiction over final judgments and decrees of the circuit court, where the matter in dispute exceeds the sum or value of two thousand dollars. The jurisdiction of the court has been supposed to depend on the sum or value of the matter in dispute in this court, not on that which was in dispute in the circuit court. If the writ of error be brought by the plaintiff below, then the sum which his declaration shows to be due may be still recovered, should the judgment for a smaller sum be reversed; and consequently the whole sum claimed is still in dispute. But if the writ of error be brought by the defendant in the original action, the judgment of this court can only affirm that of the circuit court, and consequently the matter...