Hilton v. Dickinson

Citations

• 108 U.S. 165
• 2 S. Ct. 424
• 27 L. Ed. 688
• 1883 U.S. LEXIS 1020

Syllabus

<p>Appeal — Jurisdiction.</p> <p>1. Cross-appeals must oe prosecuted like other appeals. When a party making • a cross-appeal fails, for a period long after the time allowed by law, to1 perfect his cross-appeal, the court, of its own motion, will dismiss it for want of prosecution.</p> <p>2. When it appears on the face of the record that the value' of the matter in dispute is not sufficient to give jurisdiction, the court will, of its own motion, dismiss an appeal.</p> <p>8. The sum demanded governs the question of jurisdiction until it appears that it is not the sum in dispute : but when it appears that the sum demanded is not the real sum in dispute, the sum shown, and not the sum demanded, will govern.</p> <p>4. On appeal by the plaintifE, or by a defendant in case set-off or counterclaim has been filed or affirmative relief is demanded, the jurisdiction is to be determined by the amount of the relief additional or otherwise sought to be obtained by the appeal, having reference to the judgment below.</p> <p>5. On appeal by defendant, the sum of the judgment against him governs the jurisdiction when no affirmative relief is asked.</p> <p>6. The amount stated.in the body of'the declaration, and not merely the damages alleged on the prayer for judgment at its conclusion, must bo considered in determining the question of jurisdiction.</p> <p>7. The previous eases bearing on this subject considered and reviewed.</p>