Cochran v. Childs

Citations

• 111 F. 433
• 49 C.C.A. 421
• 1901 U.S. App. LEXIS 4396

Syllabus

<p>1. Appeal—Reversal—Want of Jurisdictional Averments in Bill.</p> <p>On an appeal from a decree of the circuit court sustaining a demurrer to the bill and dismissing the suit on the merits, where the bill cont.i in« no averment of the amount or value in controversy, essential to give a federal court jurisdiction, the decree will be reversed, with, directions to enter a dismissal for want of jurisdiction and without prejudice.</p> <p>2. Same—Costs.</p> <p>, Where a bill filed in a circuit court of the United States contains no averment, of the amount or value in controversy, the costs of an appeal taken by complainant will be taxed to him, and a dismissal for want of .jurisdiction will be directed, without leave to amend, although no objection to jurisdiction was made by the defendant below.</p>