John Hagan, in Error v. Thomas J. Foison

35 U.S. 160, 9 L. Ed. 381, 10 Pet. 160, 1836 U.S. LEXIS 427

• Court: Supreme Court of the United States
• Decided: February 1, 1836
• Status: Published

Opinion

Mr. Justice Story

delivered the opinion of the court;

The court are not sátisfied that this case is within their appellate jurisdiction. To support that jurisdiction, it is necessary that it should appear upon the face of the record, or upon affidavits to be filed by the parties, that the sum or value in controversy exceeds $2,000-, exclusive of costs. The'onis probandi is upon the party seeking to obtain a revisión of the case, to establish. the- jurisdiction. Here the whole matter in controversy is the ownership of one negro woman and two children, who are slaves; and it is not supposed that their value can be equal to $2,000. The bond in the case, in the nature of a forthcoming bond, in a larger penalty, does not vary the result. But the plaintiff in error is at liberty to establish, if necessary^ that the value exceeds that sum. But there áre other cases on the docket, between the plaintiff in error and other persons, which involved the same points, which have been argued in this case. If any of these cases involved a sum or value which entitles the court to take jurisdiction,- we will hereafter give an opinion upon those points.