Gage v. Pumpelly

Supreme Court

Gage v. Pumpelly

108 U.S. 164, 2 S. Ct. 390, 27 L. Ed. 668, 1883 U.S. LEXIS 1106

Supreme Court of the United States·Decided March 26, 1883·Published·Cited by 4 cases

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

Many of the affidavits sent up with the transcript state distinctly that the value of the, property, which is the matter in-dispute, exceeds $5,000. When an appeal has been allowed, after a contest as to the value of the matter in dispute, and there is evidence in the record which sustains our jurisdiction, the appeal will not be dismissed simply because upon examination of all the affidavits we may be of the opinion that possibly the estimates acted upon below were too high. There is no such decided preponderance of the evidence in this case against jurisdiction as to make it our duty to dismiss the appeal which has been allowed.

Motion denied.

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Mr. Chief Justice Waite

delivered the opinion of the court.

Many of the affidavits sent up with the transcript state distinctly that the value of the, property, which is the matter in-dispute, exceeds $5,000. When an appeal has been allowed, after a contest as to the value of the matter in dispute, and there is evidence in the record which sustains our jurisdiction, the appeal will not be dismissed simply because upon examination of all the affidavits we may be of the opinion that possibly the estimates acted upon below were too high. There is no such decided preponderance of the evidence in this case against jurisdiction as to make it our duty to dismiss the appeal which has been allowed.

Motion denied.

Gage v. Pumpelly, 108 U.S. 164, 2 S. Ct. 390, 27 L. Ed. 668, 1883 U.S. LEXIS 1106 (1883).

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Opinion

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