Davis v. Kansas City, S. & M. R. Co.

The motion to dismiss for want of jurisdiction is based on the fact that the ad damnum in the writ and declaration is loss than $2,000, the amount fixed as the minimum limit of our jurisdiction by the act of March 3, 1887, c. 373, (24 St. 552,) the suit having been commenced a few days after that act was passed, evidently in ignorance of the changes made by it. The plaintiff moves to amend the writ and declaration by increasing the ad damnum to $2,600, but this motion the defendant resists, on the ground that it is manifestly made to give the court a fictitious jurisdiction.

By the Revised…