Barry v. Edmunds
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE EASTERN DISTRICT OF VIRGINIA. This was' an action of trespass- brought by the plaintiff in-error.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE EASTERN DISTRICT OF VIRGINIA. This was' an action of trespass- brought by the plaintiff in-error. The declaration set out the cause of action as follows: “ Eobert P. Barry,- plaintiff, complains of E. G. Edmunds, defendant, of a plea' of trespass on the case, for this, to wit: that the plaintiff is a citizen and resident of Fauquier County, Virginia; that he owns property in said county, and that he was duly and lawfully assessed with the. sum of fifty-six dollars and thirty-four cents as taxes upon said property, to be paid to the State…
1Opinion of the CourtJustice Matthews
It is not questioned but that the declaration discloses a cause of notion within the jurisdiction', of the Circuit Court, if the amount or value of the matter in dispute exceeds five hundred dollars, exclusive of costs, for it is a suit of a civil nature arising under the Constitution of the United States, and therefore within the words of § 1 of the act of March 3, 1875. 18 Stat. 470; Smith v. Greenhow, 109 U. S. 669; White v. Greenhow, 114 U. S. 307.
The ground on which the suit was dismissed was, that within the meaning of § 5 of the act of March 3, 1875, 'it did not “ really .and ■…
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