Gage v. Pumpelly
Supreme Court of the United States
Gage v. Pumpelly, 108 U.S. 164 (1883)
2 S. Ct. 390; 27 L. Ed. 668; 1883 U.S. LEXIS 1106
Gage v. Pumpelly
Opinion
delivered the opinion of the court.
Many of the affidavits sent up with the transcript state distinctly that the value of the, property, which is the matter in-dispute, exceeds $5,000. When an appeal has been allowed, after a contest as to the value of the matter in dispute, and there is evidence in the record which sustains our jurisdiction, the appeal will not be dismissed simply because upon examination of all the affidavits we may be of the opinion that possibly the estimates acted upon below were too high. There is no such decided preponderance of the evidence in this case against jurisdiction as to make it our duty to dismiss the appeal which has been allowed.
Motion denied.
Reference
- Full Case Name
- GAGE v. PUMPELLY and Others
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Appeal — Jurisdiction. In a suit involving title to real estate the court will not dismiss an appeal for want of jurisdiction solely because, where there are conflicting affidavits respecting the’value of the property, it may possibly reach the conclusion that the estimates acted on below were too high.