Oswald v. Morris
Court of Appeals of Kentucky
Case 10 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The aggregate of all the claims is the amount in controversy. The true principle is that wherever parties have a right to join and a right to sue one defendant for a sum aggregating more than the jurisdictional amount either party may appeal.
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Case 10 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The aggregate of all the claims is the amount in controversy. The true principle is that wherever parties have a right to join and a right to sue one defendant for a sum aggregating more than the jurisdictional amount either party may appeal. (Ereeman v. Dauson, 110 U. S., 269; Shields v. Thomas, 17 How., 3; The Oonnemara, 103 H. S., 754; Market Co. v. Hoffman, 101 U. S., 112; Wilde & Co. v. Hay-craft &c., 2 Duv., 311; Civil Code, see. 25.) But even if the'test of the amount in controversy is as laid down in Shufeldt v.…
1Opinion of the CourtChief Justice Holt
This is a motion to dismiss the appeal for want of jurisdiction.
When the Newcomb-Buchanan Company failed it had a iarge quantity of whisky in storage in its warehouses. Prior thereto it had assigned to the Fidelity Trust and Safety Yault Company, in trust, to pay certain of its bonds, the storage claims due and to become due. It had also issued duplicate, triplicate and in some cases even quadruplicate warehouse receipts for the whisky, generally in five-barrel lots, some of it having been pledged and some of it sold. These receipts were held by many different-persons in different parts of…
2Cases cited4 opinions
- Market Co. v. HoffmanSupreme Court of the United States · 1879
- Gibson v. ShufeldtSupreme Court of the United States · 1887
- The "Connemara."Supreme Court of the United States · 1881
- Zable v. HarrisCourt of Appeals of Kentucky · 1885
3Cited by12 opinions
- Fehler v. GosnellCourt of Appeals of Kentucky · 1896
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- Wiggins v. ScottCourt of Appeals of Kentucky · 1901
- Union Light, Heat & Power Co. v. MulliganCourt of Appeals of Kentucky · 1917
- Louisville & Nashville Railroad v. GuttmanCourt of Appeals of Kentucky · 1912
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