Taylor v. Midland Valley R.

Citations

• 197 F. 323
• 1912 U.S. Dist. LEXIS 1422

Syllabus

<p>Courts (§ 327*) — Federal Courts — Jurisdiction—Amount in Controversy —“With Have Effect.”</p> <p>Judicial Code (Act March 3, 1911, c. 231. 36 Stat. 1087 FU. S. Comp. St. Supp. 1911, p. I2S']), which went into effect January 1, 1912, changed the amount required to confer federal jurisdiction from a sum in excess of $2,000 to a sum in excess of $3,000. Section 299 exempted from the operation of the act all pending proceedings and rights accruing or accrued, providing that all such suits and proceedings for causes arising or acts done prior to that date might be commenced and prosecuted within the same time, and with the same effect, as if the repeal or amendments had not been made. Held, that the phrase “with the same effect” must be construed to mean with the same result, or with the same consequence, and .that where a cause of action involving less than $3,000 but more than $2,000. exclusive of interest and costs, arose November 14, 1911, arid suit was brought on January 25th following, if. was governed by the old law, and therefore involved an amount sufficient to sustain federal jurisdiction.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 889; Dec. Dig. § 327.*</p> <p>Jurisdiction of Circuit Courts as determined by the amount in controversy. see notes to Auer v. Lombard, 19 C. C. A. 75; Tennent-Stribling Shoe Co. v. Roper, 36 C. C. A. 159; I. J. Lewis Mercantile Co. v. Klepner, 100 C. O. A. 288.)</p>