Massa v. Cutting
| Decision Date | 22 February 1887 |
| Parties | MASSA v. CUTTING, JR., and others. |
| Court | U.S. District Court — Southern District of New York |
Daniel Nason, for plaintiff.
C. M. Da Costa, for defendants.
This suit was brought in the state court by the orator, as one of a large number of owners of stock, in behalf of himself and all others similarly situated who may become plaintiffs. The amount for which a decree is sought by the orator in his own behalf is much less than $500. The amount to which all similarly situated would be entitled, according to the allegations of the bill, is more than $90,000. The defendants removed the cause into this court. The plaintiff moves to have it remanded to the state court, on the ground that the matter in dispute does not exceed the sum or value of $500. Act of March 3, 1875, (section 2, 18 St. 470.) No others having become plaintiffs, nothing can be decreed to them, and neither they nor the defendants will be bound by any decree which may be made in the case, as it stood at the time of removal, and now stands. There is no matter in dispute yet beyond what the plaintiff claims in behalf of himself. As that is less than $500, the case has not yet been one in which the matter in dispute exceeds that sum. Upon these considerations the motion to remand must be granted. Motion granted.
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...of Jacksonville, 158 U.S. 456, 15 Sup.Ct. 866, 39 L.Ed. 1053; and particularly, on the following decisions of the circuit court; Massa v. Cutting, 30 F. 1; Putney Whitmire, 66 F. 385; Smithson v. Hubbell, 81 F. 593. These decisions do not make the jurisdiction, as to the jurisdictional amou......
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