Burdett v. Doty
U.S. Circuit Court for the District of Eastern Michigan
At Law. On motion to set aside assessment of damages. This was an action of replevin begun on the 21st of March, 1887, for a stock of clothing appraised at $653.88. By the writ the property was described as exceeding $500 in value.
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At Law. On motion to set aside assessment of damages. This was an action of replevin begun on the 21st of March, 1887, for a stock of clothing appraised at $653.88. By the writ the property was described as exceeding $500 in value. The suit was commenced in .ignorance of the statute of March 2, 1887, raising the minimum of jurisdiction from $500 to $2,000. The property was delivered to the plaintiff in replevin upon his executing a bond under the statute of this state, conditioned upon the prosecution of his suit to effect. On the 9th day of January, 1888, an order was made dismissing the…
1Opinion of the CourtBeown, J.
There is no question that the case was properly dismissed for want of jurisdiction, as the amount in controversy was far less than $2,000. It is but just to counsel to say that the passage of the act increasing the minimum jurisdictional amount from $500 to $2,000 was not generally known to the profession at the time this suit was begun. The court, however, went further, and ordered a return of the property replevied, upon the authority of Mail Co. v. Flanders, 12 Wall. 130. This was a bill in equity against a treasury agent of the United States and an auctioneer, setting forth that the…
2Cases cited6 opinions
- Gregory v. WendellMichigan Supreme Court · 1878
- Mail Co. v. FlandersSupreme Court of the United States · 1870
- Gray v. DeanMassachusetts Supreme Judicial Court · 1883
- Fleet v. LockwoodSupreme Court of Connecticut · 1845
- People ex rel. Forbes v. Judge of the Washtenaw Circuit CourtMichigan Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ware v. Shoemaker-Bale Auto Co.Supreme Court of Arkansas · 1928