Ellis v. Jarvis

STORY, Circuit Justice.

I am of opinion, that the present case is not within the judiciary act of 1789. The 20th section declares, that “where, in a circuit court a plaintiff, in an action originally brought there, &c. recovers less than the sum or value of 500 dollars, &c. he shall not be allowed, but at the discretion of the court may be adjudged to pay costs.” The present suit was originally brought in the state court, and removed into the circuit court by the defendant. It is not therefore within the words, or the reason of the act. In the state court, the plaintiff, upon the recovery,…