Johnson v. Wilkins
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA. These were motions, supported by affidavits, to reinstate a case dismissed because the amount in dispute did not appear by the record to be sufficient to give the court jurisdiction— see Johnson v. Wilkins, 116 U. S. 392 — and to recall the mandate. The following were the grounds of the motion : “First.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA. These were motions, supported by affidavits, to reinstate a case dismissed because the amount in dispute did not appear by the record to be sufficient to give the court jurisdiction— see Johnson v. Wilkins, 116 U. S. 392 — and to recall the mandate. The following were the grounds of the motion : “First. That the subject-matter in dispute is of such value as to give this honorable court jurisdiction, and that the plaintiffs in error were taken by surprise in not having notice of any intention on the part of…
1Opinion of the CourtChief Justice Waite
This case was submitted, under Hule 20, on the 7th of January last, but, on looking into the record, we found nothing from which it could fairly be inferred that the value of the matter in dispute exceeded $5000, and, consequently, on the 19th of January, entered an order of dismissal, on our own motion, as it rested “ on the plaintiffs in error to show our jurisdiction, either from the record or by affidavits,” and this had not been done. The present motion was not filed Until April 26th, and we are not willing at this late day to receive and consider affidavits to supply a defect in the…
2Cited by3 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- Maffea v. MoeDistrict Court of Appeal of Florida · 1986
- Wells and Others v. Wilkins, Sheriff, Etc. (Four Cases.) Goldstucker and Others v. SameSupreme Court of the United States · 1886