The “D. R. Martin”

Supreme Court

The “D. R. Martin”

91 U.S. 365, 23 L. Ed. 439, 1875 U.S. LEXIS 1376

CourtSupreme Court of the United States

DecidedMarch 20, 1876

StatusPublished

Cited by3 cases

This text of 91 U.S. 365 (The “D. R. Martin”) 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

The “D. R. Martin”, 91 U.S. 365, 23 L. Ed. 439, 1875 U.S. LEXIS 1376 (1876).

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Opinion

Me. Chief Justice Waite

delivered the opinion of the court.

Barney, having failed to appeal from the decree of the Dis-' trict Court, is concluded by the amount found there in his favor. He appears upon the record as satisfied with what was done by that court. In the Circuit Court, the matter in controversy was his right to recover the sum which had been awarded him as damages. If that court had decided against the claimant, he could not have asked an increase of his damages. Stratton v. Jarvis, 8 Pet. 9, 10; Houseman v. Schooner North Carolina, 15 id. 40. As the matter in dispute here is that which was in dispute in the Circuit Court, it follows that the amount in controversy between, the parties in the present state of the proceedings is not sufficient to give us jurisdiction. Gordon v. Ogden, 3 Pet. 34; Smith v. Honey, id. 469; Walker v. United States, 4 Wall. 164. The appeal is dismissed.

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Me. Chief Justice Waite

delivered the opinion of the court.

Barney, having failed to appeal from the decree of the Dis-' trict Court, is concluded by the amount found there in his favor. He appears upon the record as satisfied with what was done by that court. In the Circuit Court, the matter in controversy was his right to recover the sum which had been awarded him as damages. If that court had decided against the claimant, he could not have asked an increase of his damages. Stratton v. Jarvis, 8 Pet. 9, 10; Houseman v. Schooner North Carolina, 15 id. 40. As the matter in dispute here is that which was in dispute in the Circuit Court, it follows that the amount in controversy between, the parties in the present state of the proceedings is not sufficient to give us jurisdiction. Gordon v. Ogden, 3 Pet. 34; Smith v. Honey, id. 469; Walker v. United States, 4 Wall. 164. The appeal is dismissed.

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Bluebook (online)

91 U.S. 365, 23 L. Ed. 439, 1875 U.S. LEXIS 1376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-d-r-martin-scotus-1876.

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