Clark v. Sidway
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: This is an action at law, brought October. 13, 1880, by Leverett B. Sidway, a citizen of Illinois, for the use of John R. Lindgren, against Ezekiel Clark, a citizen of Iowa, in the Circuit Court of the United States for the Northern District of Illinois.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: This is an action at law, brought October. 13, 1880, by Leverett B. Sidway, a citizen of Illinois, for the use of John R. Lindgren, against Ezekiel Clark, a citizen of Iowa, in the Circuit Court of the United States for the Northern District of Illinois. The declaration claimed $8000. It alleged that on the 12th- of August, 1872, one Cleaver and his wife, by a warranty deed, conveyed to the plaintiff certain land in Cook County, Illinois, subject to a trust deed…
1Opinion of the CourtJustice Blatcheord
-A motion is made to dismiss the writ of error, on the ground that the judgment against Clark is for only $4000, and that, therefore, this court has no jurisdiction of the case. But we are of opinion that the amount involved is not only the amount of the judgment against Clark, which he seeks to get rid of by this writ of error, but is, in addition, the amount which he claims as a counter-claim against Sidway, and which he would have recovered if his contention had been sustained. The aggregate is over $5000, and we, therefore, have jurisdiction.
As to the merits, the case was fairly put to…
2Cases cited2 opinions
- Coles v. ColesNew York Supreme Court · 1818
- Wright v. WeaklySupreme Court of Pennsylvania · 1833
3Cited by38 opinions
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- Podell v. CommissionerUnited States Tax Court · 1970
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Tompkins v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1938
- Eden v. MillerCourt of Appeals for the Second Circuit · 1930
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