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35 F. 83

Docket (No. 4,998.)

United States v. Huffmaster

United States Circuit Court for the Northern District of California · decided 1888-05-21

4 counsel of record

Decided 1888-05-21

¶1Courts—Federal Circuit Courts—Jurisdictional Amount.

¶2Under the act c. March 3,1887, (24 8t. at Large, 552,) the United Stat°s circuit courts have no jurisdiction of an action to recover money or property wherein the United States are plaintiffs, unless the amouut or value of the matter in controversy exceeds the sum of $2,000, exclusive of costs.

¶3(Syllabus by the Court.)

¶4J. C. Carey, U. S. Atty., for plaintiff.

¶5Wm. H. Cook, for defendant.

¶6Before Sawyer, Circuit Judge.

¶7Sawyer, J.

¶8This is an action to recover the possession of 60 cords of wood cut upon the public lauds, alleged to be of the value of $372. The suit was commenced on July 12, 1887, and it therefore falls under the provisions of the act of March 3, 1887, amendatory of the act of 1875, to determine the jurisdiction of the circuit courts of the United States, etc., (24 St. 552.) The provision of section 1, conferring jurisdiction, is, in all respects affecting the question of jurisdiction in this case, substantially the same as in the act of 1875, except that it raises the value of the matter in controversy in order to give jurisdiction from $500 to $2,000. The value of the wood sought to be recovered being much less than $2,000, the court has no jurisdiction, and, as in the preceding case, (No. 3,704,)" and for the reasons therein given, the suit must be dismissed, without prejudice, for want of jurisdiction, and it is so ordered.

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