[Download] "Benjamin J. Knapp, Plaintiff in Error v. Edmund Banks" by United States Supreme Court # Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Benjamin J. Knapp, Plaintiff in Error v. Edmund Banks
• Author : United States Supreme Court
• Release Date : January 01, 1844
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Ogden moved to dismiss the case for want of jurisdiction, which was opposed by Benedict upon the ground that adding interest upon the judgment down to the time when the writ of error was brought, would make it exceed $2000; and he cited 3 Peters, 32, to show that the amount in controversy in this court determined the jurisdiction. We entertain no doubt whatsoever upon this question. The amount in controversy is to be decided by the sum in controversy at the time of the judgment, and not by any subsequent additions thereto, such as interest. The distinction constantly maintained is this: Where the plaintiff sues for an amount exceeding $2000, and the ad damnum exceeds $2000, if by reason of any erroneous ruling of the court below, the plaintiff recovers nothing, or less than $2000, there, the sum claimed by the plaintiff is the sum in controversy for which a writ of error will lie. But if a verdict is given against the defendant for a less sum than $2000, and judgment passes against him accordingly, there it is obvious that there is, on the part of the defendant, nothing in controversy beyond the sum for which the judgment is given; and consequently he is not entitled to any writ of error. We cannot look beyond the time of the judgment in order to ascertain whether a writ of error lies or not.

Free Download "Benjamin J. Knapp, Plaintiff in Error v. Edmund Banks" PDF ePub Kindle