Legal Opinion

Davies v. Corbin

Supreme Court of the United States

Decided October 27, 1884PublishedCited by 29 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. Motion to dismiss. The facts on which the motion was founded were these: Each of the' defendants in- error recovered a separate and distinct judgment in the Circuit Court of the United States for the Eastern District of Arkansas against the county of Chicot. The aggregate of all the judgments was much more than $5,000, but the amount'due upon each is not stated.

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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. Motion to dismiss. The facts on which the motion was founded were these: Each of the' defendants in- error recovered a separate and distinct judgment in the Circuit Court of the United States for the Eastern District of Arkansas against the county of Chicot. The aggregate of all the judgments was much more than $5,000, but the amount'due upon each is not stated. After the judgments were recovered, the several plaintiffs commenced proceedings in the Circuit Court to compel the county court of the county to…

1Opinion of the CourtChief Justice Waite

He stated the facts in the foregoing language, and continued: The relators moved to dismiss the writ, because, 1, an order awarding a peremptory writ of mandamus is not a' “final judgment; ” and, 2, the value of the matter in dispute does not exceed $5,000, inasmuch as no one of the relators will be “ entitled to receive of the tax collected so much as five thousand dollars, and no single tax-payer will be required to pay that amount of tax.” A motion to affirm, as allowed by Rule 6, § 5, has not been united, as it very properly might have.been, with this motion to dismiss.

As to the first…

2Cases cited4 opinions

  1. Riggs v. Johnson CountySupreme Court of the United States · 1868
  2. Shields v. ThomasSupreme Court of the United States · 1855
  3. Hawley v. FairbanksSupreme Court of the United States · 1883
  4. The "Connemara."Supreme Court of the United States · 1881

3Cited by29 opinions

  1. Troy Bank v. G. A. Whitehead & Co.Supreme Court of the United States · 1911
  2. Rosenbaum v. BauerSupreme Court of the United States · 1887
  3. Gibson v. ShufeldtSupreme Court of the United States · 1887
  4. Clay v. FieldSupreme Court of the United States · 1891
  5. Robert E. Hedberg v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Eighth Circuit · 1965

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