New York Elevated Railroad v. Fifth National Bank
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF'NEW YORK. This was a motion to dismiss on the ground that the matter in dispute did not exceed the sum or value of $5000. The suit was brought by the Fifth National Bank of the City of New York against the New York Elevated Railroad Company, to recover damages for injuries to real estate.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF'NEW YORK. This was a motion to dismiss on the ground that the matter in dispute did not exceed the sum or value of $5000. The suit was brought by the Fifth National Bank of the City of New York against the New York Elevated Railroad Company, to recover damages for injuries to real estate. A trial was had, which resulted in a verdict against the railroad company, on the 9th of June, 1886, for $5000. At the time of the rendition of the verdict the railroad company moved for a new trial. This motion was denied on the…
1Opinion of the CourtChief Justice Waite
- delivered the opinion of the court.
The rule is settled that, when a writ of error is sued out from this court by the defendant below, and no question is presented growing out of a partial defence to the action, or a counter-claim or a set-off, the value of the matter in dispute is fixed by the amount of the judgment. Gordon v. Ogden, 3 Pet. 33; Hilton v. Dickinson, 108 U. S. 165; Henderson v. Wadsworth, 115 U. S. 264, 276. Our jurisdiction cannot be invoked •until after a final judgment, and, until such a judgment has been rendered, the cause remains in the full judicial control of the…
2Cases cited7 opinions
- Hilton v. DickinsonSupreme Court of the United States · 1883
- Thompson v. ButlerSupreme Court of the United States · 1878
- Gordon v. OgdenSupreme Court of the United States · 1830
- Henderson v. WadsworthSupreme Court of the United States · 1885
- Knapp v. BanksSupreme Court of the United States · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Quebec Steamship Co. v. MerchantSupreme Court of the United States · 1890
- United States v. John Jay BeattieCourt of Appeals for the Ninth Circuit · 1980
- Massachusetts Benefit Assn. v. MilesSupreme Court of the United States · 1891
- Zeckendorf v. JohnsonSupreme Court of the United States · 1887
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