Territory of New Mexico v. Atchison, Topeka, & Santa Fe Railway Company

Citations

• 201 U.S. 41
• 26 S. Ct. 386
• 50 L. Ed. 651
• 1906 U.S. LEXIS 1814

Syllabus

<p>Plaintiff sued in the District Court of a Territory for several items and recovered judgment for less-than amount sued for but over $5,000 with interest at six per cent. Defendant alone sued out writ of error from the Supreme Court of the Territory which disallowed $4,880 of the judgment including interest at six per cent. Plaintiff then appealed to this court and prayed for reinstatement of the District Court judgment and, when the ease was reached for hearing here, assigned as additional error that the District Court had not allowed twenty-five per cent instead of six per cent interest which would have made the amount disallowed exceed $5,000. Held, that as plaintiff had not complained of the District Court judgment the only matter in dispute was that part of the District Court judgment which was disallowed by the territorial Supreme Court and as that was less than $5,000 . the appeal to this court could not under the act of March 3, 1885, 23 Stat.- 443, be maintained.</p>