Moshier v. Shear
Illinois Supreme Court
Moshier v. Shear, 100 Ill. 469 (Ill. 1881)
Sheldon
Moshier v. Shear
Opinion of the Court
There is not merely the amount of this award involved here. .If this award stands, Moshier is barred of .his claim of $400 against Shear, and he has to pay Shear $704.62, whereas, if this award is set aside, then Moshier will be at liberty to assert his claim against Shear of $400, and to resist Shear’s claim of $704.62 against him. Therefore in the matter of setting aside this award there is more than the $704.62 involved, the amount of the award. It directly affects Moshier to the extent of $1104.62, as he claims. That is the amount involved,—not merely $704.62, the amount of the award. We think, therefore, that the motion to dismiss should be overruled, the amount involved exceeding $1000.
Motion denied.
Reference
- Full Case Name
- Timothy Moshier v. Henry D. Shear
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Appeal from an Appellate Court—whether the sum of $1000 is irwolved. A claimed that B was indebted to him in the sum of $400, and on the other hand B contended that A was indebted to him in a much larger sum. The matter was submitted to arbitration, and the result was, an award in favor of B for $704. On bill by A to set aside this award, upon the question whether there was $1000 involved in the litigatioh, as affecting the jurisdiction of this court on writ of error to the Appellate Court, it was held, there was not merely the amount of the award involved, for if the award should stand, A will be barred of his claim of $400 against B, and will have to pay B $704, whereas, if the award should be set aside, A will be at liberty to assert his claim of $400, and to resist B’s claim of $704. So there is more than the sum of $1000 involved.