Supreme Court of the United States, 1876

The “D. R. Martin”

The “D. R. Martin”
Supreme Court of the United States · Decided March 20, 1876 · Waite
91 U.S. 365; 23 L. Ed. 439; 1875 U.S. LEXIS 1376 (United States Reports)

Counsel

Mr. Thomas Young for the appellee, Mr. John M. Gruiteau, contra.

The “D. R. Martin”

Cases that cite this one

2 later published cases cite this decision.

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Opinion

Me. Chief Justice Waite

delivered the opinion of the court.

Barney, having failed to appeal from the decree of the Dis-' trict Court, is concluded by the amount found there in his favor. He appears upon the record as satisfied with what was done by that court. In the Circuit Court, the matter in controversy was his right to recover the sum which had been awarded him as damages. If that court had decided against the claimant, he could not have asked an increase of his damages. Stratton v. Jarvis, 8 Pet. 9, 10; Houseman v. Schooner North Carolina, 15 id. 40. As the matter in dispute here is that which was in dispute in the Circuit Court, it follows that the amount in controversy between, the parties in the present state of the proceedings is not sufficient to give us jurisdiction. Gordon v. Ogden, 3 Pet. 34; Smith v. Honey, id. 469; Walker v. United States, 4 Wall. 164. The appeal is dismissed.

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