Walker v. United States (71 U.S. 163)

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Walker v. United States
by Salmon P. Chase
Syllabus
714402Walker v. United States — SyllabusSalmon P. Chase
Court Documents

United States Supreme Court

71 U.S. 163

Walker  v.  United States

THE United States had recovered judgment against Walker in the Circuit Court for the Eastern District of Louisiana, 'for the sum of $2000, with interest thereon at the rate of six per cent.,' &c., and the case was now here on writ of error. Mr. Ashton, Assistant Attorney-General, citing the twenty-second section of the Judiciary Act of 1789, which gives a right to review in this court over judgments of the Circuit Courts 'where the matter in dispute exceeds the sum or value of $2000,' now moved to dismiss the writ; the matter in dispute, as he argued, not exceeding $2000, but being just equal to it. He observed that in Knapp v. Banks, in this court, [1] where the motion was to dismiss a writ where the judgment was for $1720, but with interest added exceeded $2000, the court granting the motion had indeed said in its order, 'that where the plaintiff in the court below claims $2000 or more, and the ruling is for a less sum, he is entitled to a writ.' But this, the counsel argued, was said obiter only, and could not be maintained.

No one appeared against the motion.

The CHIEF JUSTICE delivered the opinion of the court.

Notes

[edit]
  1. 2 Howard, 73.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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