Supreme Court of the United States, 1881

McCarthy v. Provost

Supreme Court of the United States · Decided January 17, 1881 · Waite

103 U.S. 673; 26 L. Ed. 337; 1880 U.S. LEXIS 2173 (United States Reports)

Counsel

Mr. Thomas J. Semmes for the appellant., Mr. Henry B. Kelly for the appellee.

Cases that cite this one

4 later published cases cite this decision.

United States v. Zubko (United States Court of Military Appeals 1984)
DeVoss v. City of Richmond (Va. 1868)
DeVoss v. City of Richmond (Va. 1868)
DeVoss v. City of Richmond (Va. 1868)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Chiee Justice Waite

delivered the opinion of the court.

We have no jurisdiction in this case. The suit was brought to recover one two hundred and fortieth part of certain lands, and for a partition so as to set off to the appellant in severalty that interest. It is averred in the bill that “ the value of the property sought to be partitioned-amounts to more than $5,000,” but the matter in dispute on this appeal is only one two hundred and fortieth part of the whole property, ag that is all the appellant claims. Our jurisdiction, therefore, depends on the value of that part, which certainly is not shown to be more than $5,000.

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.