103 U.S. 673 - McCarthy v. Provost — 103 U.S. 673

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently August 1984

1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1In a suit for partition, the value of the undivided part in controversy, and not of the.lands, determines the appellate jurisdiction of this court.

¶2Appeal from the Circuit United States · Case Law">Court of the United States for the District of Louisiana.

¶3Mr. Thomas J. Semmes for the appellant.

¶4Mr. Henry B. Kelly for the appellee.

¶5Mr. Chiee Justice Waite

¶6delivered the opinion of the court.

¶7We have no jurisdiction in this case. The suit was brought to recover one two hundred and fortieth part of certain lands, and for a partition so as to set off to the appellant in severalty that interest. It is averred in the bill that “ the value of the property sought to be partitioned-amounts to more than $5,000,” but the matter in dispute on this appeal is only one two hundred and fortieth part of the whole property, ag that is all the appellant claims. Our jurisdiction, therefore, depends on the value of that part, which certainly is not shown to be more than $5,000.

¶8Appeal dismissed.