Legal Opinion

Potts v. Chumasero

Supreme Court of the United States

Decided January 31, 1876No. 545PublishedCited by 10 opinions

Error to the Supreme Court of the Territory of Montana. Sect. 1 of an act of the legislature of the Territory of Montana, approved Feb. 11, 1874 (Laws of Montana, 8th sess., 1874, p. 43), provides,— “ That the seat of government of the Territory of Montana be, and the same is hereby, changed from the city of Virginia, in the county of Madison, to the town of Helena, in the county of Lewis and Clark, upon the approval hereof as hereinafter provided.”

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Error to the Supreme Court of the Territory of Montana. Sect. 1 of an act of the legislature of the Territory of Montana, approved Feb. 11, 1874 (Laws of Montana, 8th sess., 1874, p. 43), provides,— “ That the seat of government of the Territory of Montana be, and the same is hereby, changed from the city of Virginia, in the county of Madison, to the town of Helena, in the county of Lewis and Clark, upon the approval hereof as hereinafter provided.” Sect. 2 provides that the question of removal shall be submitted to the qualified electors of the Territory at the general election to be held in…

1Opinion of the CourtChief Justice Waite

We have no jurisdiction in this case. Writs of error and appeals lie to this court from the Supreme Court of the Territory of Montana only in cases where the value of the property or the amount in controversy exceeds the sum of $1,000, and from decisions upon writs of habeas corpus involving the question of personal freedom. Rev. Stat., sect. 1909.

In Barry v. Mercien, 5 How. 120, it was held, Chief Justice Taney speaking for the court, that, in order to give us jurisdiction in a case dependent upon the amount in controversy, “ the matter in dispute must be money, or some right, the value of…

2Cases cited2 opinions

  1. Barry v. MerceinSupreme Court of the United States · 1847
  2. Moffitt v. GarrSupreme Court of the United States · 1862

3Cited by10 opinions

  1. Kurtz v. MoffittSupreme Court of the United States · 1885
  2. Youngstown Bank v. HughesSupreme Court of the United States · 1883
  3. Donaldson v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1964
  4. State ex rel. Attorney General v. FrostWisconsin Supreme Court · 1902
  5. Francis Farrington Whittemore v. Elizabeth P. FarringtonCourt of Appeals for the Ninth Circuit · 1956

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