Legal Opinion

Gage v. Pumpelly

Supreme Court of the United States

Decided March 26, 1883PublishedCited by 4 opinions

APPEAL PROM THE CIRCUIT COURT OP THE IÍNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. Motion to dismiss for want of jurisdiction. This suit was brought to set aside a tax sale. The plaintiff below paid the amount of the taxes, $1,120.79, and costs of suit into court. The court, on hearing set aside the tax rule. The defendants. below appealed.

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APPEAL PROM THE CIRCUIT COURT OP THE IÍNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. Motion to dismiss for want of jurisdiction. This suit was brought to set aside a tax sale. The plaintiff below paid the amount of the taxes, $1,120.79, and costs of suit into court. The court, on hearing set aside the tax rule. The defendants. below appealed. The plaintiff objected to the allowance of the appeal, but the court allowed it; and filed the following opinion: Blodgett, J. — The defendant has prayed an appeal in this case, which complainant resists on the ground that the matter in dispute…

1Opinion of the CourtChief Justice Waite

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…

2Cited by4 opinions

  1. Hunt v. New York Cotton ExchangeSupreme Court of the United States · 1907
  2. Wilson v. BlairSupreme Court of the United States · 1886
  3. Rector v. LipscombSupreme Court of the United States · 1891
  4. Ihihi v. KahaulelioCourt of Appeals for the Ninth Circuit · 1920

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