128 US 391 Cogswell v. Fordyce

128 U.S. 391

9 S.Ct. 112

32 L.Ed. 484


November 19, 1888.

S. Shellabarger, J. M. Wilson, and Casey Young, for plaintiffs in error.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.

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This court cannot take cognizance of this case. The matter in dispute, exclusive of costs, does not exceed the sum or value of $5,000. Rev. St. §§ 690, 691; Act of Feb. 16, 1875, c. 77, §§ 3, 4, 18 St. 315; Supp. Rev. St. 136. It was, perhaps, supposed that out jurisdiction could be sustained under the fourth subdivision of section 699 of the Revised Statutes, providing that this court may, without regard to the sum or value in dispute, review any final judgment at law or final decree in equity of any circuit court, or of any district court acting as a circuit court, 'in any case brought on account of the deprivation of any right, privilege, or immunity secured by the constitution of the United States, or of any right or privilege of a citizen of the United States.' But an action upon a bond given to supersede a judgment or decree of a court of the United States cannot properly be said to have been brought on any such account. The mere failure or refusal of the obligors in such a bond to comply with its terms is not, within the meaning of the statute referred to, a 'deprivation' of a right secured to the obligee by the constitution of the United States, or of any right or privilege belonging to him, as a citizen of the United States. See Bowman v. Railway Co., 115 U. S. 611, 615, 6 Sup. Ct. Rep. 192. The writ of error is dismissed.