Cooke and Others v. Woodrow
Decision Date | 01 February 1809 |
Citation | 3 L.Ed. 22,9 U.S. 13,5 Cranch 13 |
Parties | COOKE AND OTHERS v. WOODROW |
Court | U.S. Supreme Court |
ERROR to the circuit court of the district of Columbia, in an action of trover brought by the plaintiffs in error for sundry household goods.
A bill of exceptions stated that the plaintiffs on the trial produced in evidence to support their title to the goods, a certain paper writing signed by one John Withers, to which one John Pierson had subscribed his name as a witness, and offered parol evidence to prove that the subscribing witness
C. Simms, for the plaintiffs in error, suggested that this court must be satisfied by evidence (other than the declaration) that the sum in demand exceeded 100 dollars, exclusive of costs; and cited the rule made in the case of Course v. Stead's Executors, ante, vol. 1. p. 17.
BUT MARSHALL, Ch. J. said, that that rule applied only to cases where the property itself (and not damages) was the matter in dispute—such as actions of detinue, &c.
If the judgment below be for the plaintiff, that judgment ascertains the value of the matter in dispute; but where the judgment below is rendered for the defendant, this court has not, by any rule or practice, fixed the mode of ascertaining that value.
The point arising upon the bill of exceptions was submitted without argument.
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