Rector v. Lipscomb

Citations

• 141 U.S. 557
• 12 S. Ct. 83
• 35 L. Ed. 857
• 1891 U.S. LEXIS 2546

Syllabus

<p>Nearly two years after the entry of a decree dismissing a bill in equity relating to the title to real estate, the complainant, without notice to the respondent, filed his affidavit to show that its value was more than $5000, appealed to this court, and the appeal was allowed below and was entered, in this court. The respondent thereupon filed counter affidavits in the court below, and, after notice to the complainant, moved to set aside the appeal upon the ground that- the value of the property was shown to be-less than $5000. The complainant was present at the hearing of this, motion, which resulted in an order vacating the order allowing the appeál. The respondent as appellee in this court, on all these facts as. shown by the original and supplemental records, moved to dismiss the appeal for want of jurisdiction. Held, that, under the circumstances, it. was no more than right that this court should consider the subsequent, affidavits, and that they showed that the amount in controversy was not, sufficient to give this court jurisdiction, and that therefore the appeal must be dismissed.</p>