Shirley v. Titus

U.S. District Court

Decided October 15, 1833

U.S. District Court · decided 1833-10-15

Case No. 13,796. Appeal — To Circuit Court — Amount in Dispute. No appeal lies by any party from a decree of the district court, unless on his part the matter in dispute exceeds the sum or value of fifty dollars, under the acts of congress. [Cited in brief in Lubker v. The A. H. Quim-il,v. Case No. 8.58G.]

Decided 1833-10-15

STORY, Circuit Justice.

¶1This court has no jurisdiction in the case. The acts of congress 2 give no appeal from the district court, except in cases where the matters in dispute, exclusive of costs, exceed the sum or value of fifty dollars. Here, there being no cross appeal by the libellant, the only matter in dispute is the twenty-eight dollars awarded by the district court to the libellant. It would have been different, if there had been a cross appeal by the libel-lant, since he demanded more than fifty dollars by his libel. Appeal dismissed.

¶2 Act Sept 24. 1789. c. 20. § 21 H Stat. 83]: Act March 3. 1803, c. 93, § 2 [2 Story's Laws, 905; 2 Stat. 244, c. 50].