Legal Opinion

Gordon v. Ogden

Supreme Court of the United States

Decided January 29, 1830PublishedCited by 22 opinions

WRIT of error to the circuit-court for the district of Louisiana. Mr Ogden moved to dismiss the writ of error in this case, on the ground that the court had not jurisdiction of the cause, the sum in controversy not amounting tor two thousand dollars, the amount for which a writ, of. error' [s allowed. He stated, that the action was instituted for the violation ef a patent, and tne amount of the recovery- in damages was four hundred dollars, by the verdict of .the jury.

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WRIT of error to the circuit-court for the district of Louisiana. Mr Ogden moved to dismiss the writ of error in this case, on the ground that the court had not jurisdiction of the cause, the sum in controversy not amounting tor two thousand dollars, the amount for which a writ, of. error' [s allowed. He stated, that the action was instituted for the violation ef a patent, and tne amount of the recovery- in damages was four hundred dollars, by the verdict of .the jury. If, under the provision of the p'aten't law, the damages are to be trebled, it will not amount to a sum authorising' the writ…

1Opinion of the Court

Mr C. J. Marshall

delivered the opinion of the Court.

A motion has been made to dismiss his writ of error because the court has no jurisdiction over it. The plaintiff below claimed more than two thousand dollars in his declaration, but obtained a judgment for a less sum. The defend-, ant below has sued put a writ of error, .and contends now that the matter in dispute is not determined by the judgment, but by the_sum claimed in the declaration.

This court has jurisdiction over final judgments and decrees.of the circuit court, where the matter in dispute exceeds the sum or value of two thousand…

2Cases cited3 opinions

  1. Wilson v. DanielSupreme Court of the United States · 1798
  2. Cooke v. WoodrowSupreme Court of the United States · 1809
  3. Wise & Lynn v. the Columbian Turnpike CompanySupreme Court of the United States · 1812

3Cited by22 opinions

  1. The Paquete HabanaSupreme Court of the United States · 1899
  2. Hilton v. DickinsonSupreme Court of the United States · 1883
  3. Kanouse v. MartinSupreme Court of the United States · 1854
  4. Thompson v. ButlerSupreme Court of the United States · 1878
  5. Walker v. United StatesSupreme Court of the United States · 1866

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