Western Union Telegraph Company v. Rogers, 93 U.S. 565 (1876)

U.S. Supreme Court

Western Union Telegraph Company v. Rogers, 93 U.S. 565 (1876) Western Union Telegraph Company v. Rogers

93 U.S. 565

MOTION TO DISMISS A WRIT OF ERROR TO THE CIRCUIT COURT

OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA

Syllabus

This court has no jurisdiction to review the judgment of a circuit court rendered subsequently to May 1, 1875, unless the matter in dispute exceeds the sum or value of $5,000, exclusive of costs. Interest on the judgment cannot enter into the computation.

The judgment below was as follows:

It is considered and adjudged by the court that said plaintiff, Jonathan Rogers, have and recover of and from said defendant, the Western Union Telegraph Company, the sum of five thousand ($5,000) dollars and the costs of this suit, taxed at two hundred twenty and 33/100 ($220.33) dollars, and that he have execution therefor.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

Before the Act of Feb. 16, 1875, 18 Stat. 316, increasing the sum or value of the matter in dispute, necessary to give this court jurisdiction, from $2,000 to $5,000, after May 1, 1875, it was held that we had no jurisdiction in cases where the matter in dispute was $2,000, and no more, and that in determining the jurisdictional amount "neither interest on the judgment

Page 93 U. S. 567

nor costs of suit can enter into the computation." Walker v. United States, 4 Wall. 164; Knapp v. Banks, 2 How. 73. The act of 1875 simply increases the jurisdictional amount. No other change is made in the old law. The judgment in this case was rendered May 8, 1875, for $5,000 and no more, except costs. It follows that, according to the practice established under the old law, this writ must be

Dismissed for want of jurisdiction.