Judson v. Macon County
U.S. Circuit Court for the District of Western Missouri
This is an action by the plaintiff, a citizen of New York, against Macon county in this state, upon eleven coupons of $50 each. The petition contains eleven counts, that is, a count upon each coupon, and each count asks for judgment for $50 and interest. The petition concludes as follows; “That the several preceding causes of action amount in all to the sum of $550, for which sum, with interest and damages, the plaintiff asks judgment.”
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This is an action by the plaintiff, a citizen of New York, against Macon county in this state, upon eleven coupons of $50 each. The petition contains eleven counts, that is, a count upon each coupon, and each count asks for judgment for $50 and interest. The petition concludes as follows; “That the several preceding causes of action amount in all to the sum of $550, for which sum, with interest and damages, the plaintiff asks judgment.” To this petition the defendant demurs, on the ground that the amount sued for is below the jurisdiction of the court.
1Opinion of the Court
DILLON, Circuit Judge.
As to the amount necessary to give this court jurisdiction in cases like the present, the provision of the judiciary act (section 11) is that “the matter in dispute, exclusive of costs, must exceed the sum or value of $500.” As it is clear that all of the coupons are properly suable in the same action, and as the aggregate amount of these coupons exceeds $500, it would seem quite obvious that the objection taken to the jurisdiction is not tenable. The argument urged to support the objection is this: By the act of congress of June 1, 1872 (17 Stat. 197, § 5), the “mode of…
2Cases cited1 opinion
- Murphy v. CampbellSupreme Court of Missouri · 1865
3Cited by2 opinions
- First State Bank v. Chicago, R. I. & P. R.Court of Appeals for the Eighth Circuit · 1933
- Hammond v. CleavelandUnited States Circuit Court · 1885