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248 F. 493

Docket No. 2957.

Knisely v. Burt

Fifth Circuit Court of Appeals

Decided February 14, 1918.)

Fifth Circuit Court of Appeals · decided 1918-02-14

<p>Coubts <®=>405(5) — Circuit Court of Appeals — Jurisdiction.</p> <p>Wh'ere a demurrer was sustained to plaintiff's petition on the ground that the amount in controversy was below the jurisdictional amount for federal courts, the Circuit Court of Appeals has no jurisdiction to review the question on writ of error.</p>

Cited by 1 later decisions — most recently October 1938

3 counsel of record

Relies on United States v. Jahn

Good law ✅— No negative treatment on recordhow we know

Writ dismissed · Opinion by (per_curiam) · Decided 1918-02-14

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¶1Coubts <®=>405(5) — Circuit Court of Appeals — Jurisdiction.

¶2Wh'ere a demurrer was sustained to plaintiff's petition on the ground that the amount in controversy was below the jurisdictional amount for federal courts, the Circuit Court of Appeals has no jurisdiction to review the question on writ of error.

¶3In Error to the District Court of the United States for the Eastern District of Eouisiana; Rufus E. Foster, Judge.

¶4Action by Genevieve B. Knisely against Angelo R. Burt. There was a judgment for defendant, and plaintiff brings error.

¶5Writ dismissed.

¶6Henry E. Razaras, Eldon S. Razaras, and David Sessler, all of New Orleans, Ra., for plaintiff in error.

¶7Henry R. Sarpy, of New Orleans, Ra., for defendant in error.

¶8Before PARDEE, WARKER, and BATTS, Circuit Judges.

¶9PER CURIAM.

¶10The court sustained an exception or demurrer to the plaintiff’s petition on the ground that the amount sued for was less than is required to give the court jurisdiction of the suit. As the jurisdiction of the court was put in issue, and the case was disposed of by a decision of that issue in favor of the defendant, the judgment is not subject to be reviewed by this court on writ of error. United States v. Jahn, 155 U. S. 109, 15 Sup. Ct. 39, 39 L. Ed. 87.

¶11The writ of error is dismissed.

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