Red River Cattle Co. v. Needham

Citations

• 137 U.S. 632
• 11 S. Ct. 208
• 34 L. Ed. 799
• 1891 U.S. LEXIS 2051

Syllabus

<p>When the demand in contro,versy is not for money, but the nature of the-action requires the value of the thing demanded to be stated in the pleadings, affidavits will not be received here to vary the value as appearing in the face of the record.</p> <p>The filing of affidavits as to value will not ordinarily be permitted where evidence of value has been adduced below on both sides, and the proofs have been transmitted, either with or without the announcement of a definite conclusion deduced therefrom.</p> <p>Where a writ of error is brought, or an appeal taken, without question as to the value, and the latter is nowhere disclosed by the record, affidavits may bé received to establish the jurisdictional amount,- and counter affidavits may be allowed if the existence of such value is denied in good faith.</p> <p>If there be a real controversy as to the value of the demand in controversy, it should be settled below in the first instance, and on due notice; not here upon ex parti opinions.</p> <p>The value of the property in dispute in this case was alleged in the petition, but was not an issuable fact. The Circuit Court allowed the writ of error on the prima facie showing made by the defendant. The plaintiffs subsequently presented evidence to the contrary, but that court declined to decide the controversy and referred it to this court. Held,</p> <p>(1) That, under such circumstances it was not proper to allow affidavits as to value to be filed here;</p> <p>(2) That the jurisdictional value was not made out by a preponderance of evidence.</p>