The Grace Girdler
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Southern District of New York. This was a motion made by Mr. Donohue to dismiss an appeal from the Circuit Court of the Northern District of New York. Lockwood, the appellant, with several others, had filed a joint libel against the schooner Grace Girdler, claiming damages occasioned by her collision with the schooner Ariel.
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Appeal from the Circuit Court of the United States for the Southern District of New York. This was a motion made by Mr. Donohue to dismiss an appeal from the Circuit Court of the Northern District of New York. Lockwood, the appellant, with several others, had filed a joint libel against the schooner Grace Girdler, claiming damages occasioned by her collision with the schooner Ariel. The aggregate damages sustained by the libellants amounted, according to the libel, to $2764. The libel was dismissed in the District Court, and the dismissal was affirmed on appeal iu the Circuit Court. None of…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
While it is true that the greater part of the loss fell upon Lockwood as owner of the Ariel, and her belongings, there is nothing in the record which shows that the damage sustained exceeded two thousand dollars. And this is essential to j urisdiction.
It is suggested, however, that, in point of fact, his share of the loss exceeded the jurisdictional sum. And it is the practice of this court in proper cases, * when it is claimed that the value in controversy gives jurisdiction, to allow an opportunity to make proof of the fact. And in…
2Cases cited2 opinions
- Ex Parte BradstreetSupreme Court of the United States · 1833
- Rush v. ParkerSupreme Court of the United States · 1809
3Cited by3 opinions
- Cobb v. LavalleIllinois Supreme Court · 1878
- Giles v. HarrisSupreme Court of the United States · 1903
- Giles v. HarrisSupreme Court of the United States · 1903