Dispute

A fact alleged by one party and denied by the other, with some show of reason; not, a naked allegation without or against evidence." "Whence disputable,— see Presumption. Matter in dispute. In a statute predicating appellate jurisdiction on the value of « Lindsay v. Cusimano, 12 F. R. B07 (1882). » Nelson v. Dahl, 12 L. E., Ch. D. 668, 582-84 (1879); Williams V. Theobald, IB F. E. 468, 473 (1883); Sleeper V. Puig, 17 Blatch.

88-39 (1879), cases; 22 F. E. 790. 3 Potter V. Smith, 103 Mass. 69 (1869). * Phelps V. Harris, 101 U. S. 380 (1879). » United States v. Gratiot, 14 Pet. 538 (1840). • Auerbach v. Hitchcock, 28 Minn. 74 (1881); i ! Tex. 430-57. ' Elston V. Schilling, 42 N. T. 79 (1870). 'Bullene v. Smith, 73 Mo. 16 (1880). » Queen v. Brown, 1 Cr. Cas. Reg. *246 (1870). lo See Eussell, 13 WaU. 669 (1871); 14 Blatch.

13. the "matter in dispute" — the subject of litigation, the matter for which suit is brought, on which issue is joined, and in relation to which jurors are called and witnesses examined. ' Until shown by the record that the sum demanded is not the matter in dispute, that sum will govern in all questions of jurisdiction... The amount stated in the body of the declaration is considered — the actual matter in dispute as shown by the record, and not the ad danvmim alone. " For the purpose of review the amount is,fixed by the amount of the judgment below, not by the amount of the verdict.' The act of March 3, 1887, excludes from the computation interest accrued up to the date of the suit.' When the record is silent as to the value, it is good practice for the court below to allow affidavits and counter-affidavits of value to be filed under direction from the court.^ Where the value of land in controversy was necessarily involved in the determination of a case, and found by the court to be §6,000, to effect an appeal the defendant was not allowed to present affidavits showing the value to be 87,000."

See Conteovbbst; Ee- AtANn, 2.