New York Life Ins. Co. v. Johnson
| Decision Date | 01 February 1919 |
| Docket Number | 5161. |
| Citation | 255 F. 958 |
| Parties | NEW YORK LIFE INS. CO. v. JOHNSON. |
| Court | U.S. Court of Appeals — Eighth Circuit |
E. D Perry, of Des Moines, Iowa (John Barnes, of Milwaukee, Wis James H. McIntosh, of New York City, and H. H. Stipp, R.
J Bannister, and Vincent Starzinger, all of Des Moines, Iowa, on the brief), for plaintiff in error.
S. F. Prouty, of Des Moines, Iowa, for defendant in error.
Before HOOK, Circuit Judge, and TRIEBER, District Judge.
The defendant in error, plaintiff in the court below, instituted this action to recover on a policy of life insurance for $3,000 issued by the plaintiff in error on the life of her husband, alleged to be dead. The prayer of the complaint is that the plaintiff have judgment for the sum of $4,080, but there are no allegations in the complaint which will justify a recovery for a greater amount than the face of the policy, unless it be interest which had accumulated from the time of the alleged death of the assured until this action was instituted. The policy which is the basis of the action shows that the amount involved does not exceed $3,000.
Judgment having been rendered for the plaintiff, the cause was brought to this court on writ of error. Neither party has raised the question of jurisdiction, but section 37 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1098 (Comp. St. Sec. 1019)) makes it the duty of the District Court to dismiss any cause, if at any time it appears to the satisfaction of the court that such suit does not really and substantially involve a dispute properly within the jurisdiction of said District Court. So far as the appellate courts are concerned the well-established rule is that:
' M., C. & L.M. Ry. Co. v. Swan, 111 U.S. 379, 382, 4 Sup.Ct. 510, 511, 28 L.Ed. 462; Chicago, B. & Q.R.R. v. Willard, 220 U.S. 413, 419, 31 Sup.Ct. 460, 55 L.Ed. 521; Chicago, R.I. & P. Ry. v. State of Nebraska, 251 F. 279, . . . C.C.A. . . . .
Nor may it be waived by consent of parties. Minnesota v. Northern Securities Co., 194 U.S. 48, 62, 24 Sup.Ct. 598, 48 L.Ed. 870; Chicago, R.I. & P. Ry. v. Nebraska, supra.
It is not the amount claimed in the prayer for relief which determines the jurisdiction of the court, if the unmistakable fact and legal certainty be that the plaintiff could not have had any reasonable expectation that she could recover exclusive of interest and costs, an amount within the jurisdiction of the court. ...
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