Majority — Waite C.J.
p. 52JENNESS v. CITIZENS’ NATIONAL BANK OF ROME. Submitted December 20th, 1883. Decided January 7th, 1884.
Syllabus
IN ERROR ■ TO THE CIKCUIT COURT. FOR THE EASTERN DISTRICT OP ' MICHIGAN.Appeal — Jurisdiction: •
When a judgment below is for an amount sufficient to give jurisdiction above, but it appears affirmatively on the record that after deducting from it an amount not in- contest below, there remains less than the jurisdictional ■bum,this court has no jurisdiction.
Mr. W. B. Williams for the plaintiff in error.
delivered the opinion of the court.
The judgment in this case is for $1,215.16, but it appears
p. 53
affirmatively on the face of the record that of this amount $2,669.03 was not disputed below. The defence related alone to the difference between these two amounts, which is less than $5,000. The dispute here is only in reference, to the amount contested below. Such being the case, we have no jurisdiction. The cases of Gray v. Blanchard, 97 U. S. 564 ; Tintsman v. national Bank, 100 U. S. 6 ; and Hilton v. Dickinson, 108 U. S. 165 , are conclusive to this effect.
Dismissed.
Cases cited
- Gray v. Blanchard 97 U. S. 564 p. 53
- Tintsman v. National Bank 100 U. S. 6 p. 53
- Hilton v. Dickinson 108 U. S. 165 p. 53