Cox v. Western Land & Cattle Co.

Supreme Court

Cox v. Western Land & Cattle Co.

123 U.S. 375, 8 S. Ct. 162, 31 L. Ed. 178, 1887 U.S. LEXIS 2182

DecidedNovember 21, 1887

StatusPublished

This text of 123 U.S. 375 (Cox v. Western Land & Cattle Co.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. Western Land & Cattle Co., 123 U.S. 375, 8 S. Ct. 162, 31 L. Ed. 178, 1887 U.S. LEXIS 2182 (1887).

Pincite

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

This motion is granted on the ground that the record shows that the value of the matter in dispute does not exceed five thousand dollars: The suit was brought originally to recover 135 head of Colorado steers, alleged to be worth $6000. At the time of the judgment only 79 head were in dispute. As to the rest, a settlement had been made during the pendency of the suit. The court has found as a fact that the 79 head *376 were sold in open market the day after they were taken possession of under the writ in this case, and that the net proceeds of the sale only amounted to $4526.15. There is nothing to show that they were really any less valuable at the time of the sale than when they were taken. Upon the facts as found the recovery could not have exceeded five thousand dollars if there had been a judgment in favor of Cox, the plaintiff in error.

Dismissed.

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Mr. Chief Justice Waite

delivered the opinion of the court.

This motion is granted on the ground that the record shows that the value of the matter in dispute does not exceed five thousand dollars: The suit was brought originally to recover 135 head of Colorado steers, alleged to be worth $6000. At the time of the judgment only 79 head were in dispute. As to the rest, a settlement had been made during the pendency of the suit. The court has found as a fact that the 79 head *376 were sold in open market the day after they were taken possession of under the writ in this case, and that the net proceeds of the sale only amounted to $4526.15. There is nothing to show that they were really any less valuable at the time of the sale than when they were taken. Upon the facts as found the recovery could not have exceeded five thousand dollars if there had been a judgment in favor of Cox, the plaintiff in error.

Dismissed.

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Bluebook (online)

123 U.S. 375, 8 S. Ct. 162, 31 L. Ed. 178, 1887 U.S. LEXIS 2182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-western-land-cattle-co-scotus-1887.