Way v. Clay

Citations

• 140 F. 352
• 1904 U.S. App. LEXIS 5074

Syllabus

<p>JL Jurisdiction of Federal Courts — Amount in Controversy — Ejectment.</p> <p>In an action of ejectment, where no special acts of damage are averred in the declaration, the damages recoverable are nominal only, and the amount of damages laid in the ad damnum clause cannot avail to give a federal court jurisdiction, where the value of the land is insufficient.</p> <p>[Ed. Note. — For cases in point, see vol. 13, Cent. Dig. Courts, § 897.</p> <p>Jurisdiction of Circuit Courts as determined by the amount in controversy, see notes to Auer v. Lombard, 19 O. C. A. 75; Tennent-Stribling Shoe Co. v; Roper, 36 C. O. A. 459.].</p> <p>2. Same — Disclaimer by Defendant.</p> <p>-In an action of ejectment in a federal court to recover a tract of land alleged to be of greater value than .$2,000, the court is not ousted of jurisdiction because the defendant by his answer disclaims as to all except a portion of the tract which is of less value.</p>