Railroad Company v. Trook
| Citation | 25 L.Ed. 571,100 U.S. 112 |
| Parties | RAILROAD COMPANY v. TROOK |
| Decision Date | 01 October 1879 |
| Court | United States Supreme Court |
MOTION to dismiss a writ of error to the Supreme Court of the District of Columbia.
Trook, in an action in the court below against the Baltimore and Potomac Railroad Company, recovered judgment, Feb. 19, 1877, for $4,000 and costs of suit. A motion for a new trial was then made on exceptions taken during the progress of the cause, and on account of excessive damages. Trook entered a remittitur of $1,500, and the judgment was ultimately affirmed at a hearing in general term. The company then removed the case here by writ of error, which Trook moves to dismiss, on the ground that this court, under the act of Feb. 25, 1879 (20 Stat. 320), has no jurisdiction, as the 'matter in dispute exclusive of costs' does not exceed 'the value of $2,500.'
Mr. James G. Payne in support of the motion.
Mr. Enoch Totten, contra.
In cases brought here by writ of error for the re-examination of judgments of affirmance in the Supreme Court of the District of Columbia, the value of the matter in dispute is determined by the judgment affirmed without adding interest or costs. The judgment in this case, after the $1,500 had been remitted to avoid a new trial, did not exceed $2,500. Such being the case, under the rule established in Railroad Company v. Grant (98 U. S. 398), our jurisdiction has been taken away.
The motion to dismiss will be granted, each party to pay his own costs; and it is
So ordered.
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Keller v. Ashford
...was much more than $2,500 at the time of the decree in general term, which was the decree from which this appeal was taken. In Railroad Co. v. Trook, 100 U. S. 112, cited for the appellee, as in District of Columbia v. Gannon, 130 U. S. 227, 9 Sup. Ct. Rep. 508, the judgment in special term......
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Schwyhart v. Barrett
...130 U.S. 227, 32 L.Ed. 922, 9 S.Ct. 508. In that case the court quotes with approval what it said on the same subject in Railroad v. Trook, 100 U.S. 112, 25 L.Ed. 571: "In cases brought here on writ of error re-examination of judgment of affirmance in the Supreme Court of the District of Co......
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Schwyhart v. Barrett
...S. 227, 9 Sup. Ct. 508, 32 L. Ed. 922. In that case the court quotes with approval what it said on the same subject in Railroad v. Trook, 100 U. S. 112, 25 L. Ed. 571: "In cases brought here on writ of error for reexamination of judgment of affirmance in the Supreme Court of the District of......
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Washington Co v. Tobriner
...paid, and that, computing interest accordingly, the sum in dispute was much more than the jurisdictional amount; and as to Railroad Co. v. Trook, 100 U. S. 112, and District of Columbia v. Gannon, 130 U. S. 227, 9 Sup. Ct. Rep. 508, (which involved judgments rendered in cases in tort,) cite......