Bennett v. Butterworth
Supreme Court of the United States
This case was brought up, by writ of error, from the District Court of the United States for the District of Texas. The facts are stated in the opinion of the court. A motion was made to dismiss it for want of jurisdiction, because the sum or matter in- controversy was not of the value of two thousand dollars. •The reasons in support of the motion were the following.
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This case was brought up, by writ of error, from the District Court of the United States for the District of Texas. The facts are stated in the opinion of the court. A motion was made to dismiss it for want of jurisdiction, because the sum or matter in- controversy was not of the value of two thousand dollars. •The reasons in support of the motion were the following. The counsel for Butterworth move to dismiss the writ of error, because the sum or matter in controversy is not of the value of two thousand dollars. Bennett’s counsel, on this motion, have taken affidavits to show the negroes to…
1Opinion of the CourtChief Justice Taney
The court have considered the motion made in this case to dismiss the writ of error for want of jurisdiction. From the mode of judicial proceeding adopted in Texas, the motion presents a new question, and one that is not free from difficulty.
The suit is not brought in any of the forms of action known to the common law. It is instituted by petition; and the plaintiff in the court below seeks to recover four slaves,-which he alleges are his property, and are detained from him by the de fendant. The value of each slave is averred separately in the petition, the whole amounting to two thousand…
2Cited by9 opinions
- Stinson v. DousmanSupreme Court of the United States · 1858
- Jones v. Mutual Fidelity Co.District Court, D. Delaware · 1903
- Chenango Bridge Company v. . Binghamton Bridge CompanyNew York Court of Appeals · 1863
- McMillan v. HarrisSupreme Court of Georgia · 1900
- Simon v. HouseU.S. Circuit Court for the District of Western Texas · 1891
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