Battle v. Atkinson
U.S. Circuit Court for the District of Eastern Arkansas
On Demurrer to the Jurisdiction. This is an action of unlawful detainer for the possession of a block of ground and dwelling house thereon situated in the city of Pine Bluff, Ark., alleged to have been rented by the plaintiff, a citizen of Alabama, to the defendant, a citizen of Arkansas, for a monthly rental of $25 from May 1, 1901, to December 1, 1901. The complaint alleges that defendant took possession of the premises under a contract of lease on May 1st, but has failed…
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On Demurrer to the Jurisdiction. This is an action of unlawful detainer for the possession of a block of ground and dwelling house thereon situated in the city of Pine Bluff, Ark., alleged to have been rented by the plaintiff, a citizen of Alabama, to the defendant, a citizen of Arkansas, for a monthly rental of $25 from May 1, 1901, to December 1, 1901. The complaint alleges that defendant took possession of the premises under a contract of lease on May 1st, but has failed to pay any rent whatever, and that his right to further occupy the lands ended on December 1, 1901, the time of the…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). The damages claimed in the complaint are in excess of the amount necessary to confer jurisdiction on this court in this controversy, which is between citizens of different states; but it is now well settled that if, from the nature of the case, as stated in the pleadings, there could not legally be a judgment for the amount necessary to the jurisdiction, jurisdiction cannot attach, even though the damages be laid at a larger sum. As early as 1798 Chief Justice Ellsworth said:
“It is not intended to say that on every question of jurisdiction the demand of the…
2Cases cited25 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Smith v. AdamsSupreme Court of the United States · 1889
- Elgin v. MarshallSupreme Court of the United States · 1883
- Hilton v. DickinsonSupreme Court of the United States · 1883
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
20 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Dosdall v. FraserDistrict Court, D. Montana · 1965
- Sterl v. SearsDistrict Court, N.D. Texas · 1950
- Pioneer Coal Co. v. BushDistrict Court, E.D. Kentucky · 1936
- Wells Fargo Bank v. JonesDistrict Court, N.D. Texas · 2010