Rush v. Parker, 9 U.S. 287

9 U.S. 287

5 Cranch 287

3 L.Ed. 103


February Term, 1809

ERROR to the circuit court of the district of Maryland, in an action of replevin.

I. P. Boyd, for the defendant in error, contended, that the replevin bond being in the penal sum of 1,200 dollars only, was conclusive evidence that the matter in dispute, exclusive of costs, did not amount to 2,000 dollars, and consequently this court has no jurisdiction in the case.

Martin, contra, stated that he did not know till yesterday that this point would be made in the cause, and prayed time to show by affidavits the real value of the matter in dispute. Which

The court granted.

LIVINGSTON, J. thought that leave ought not to be given, on account of the delay it would produce.

He had found a practice established here of receiving such affidavits; but he did not know of any case in which time had been given to produce them; and he would not consent to give it now. The case was brought up to last term. The party ought to have come prepared to support the jurisdiction.

March 15.

This being the last day of the term, and no affidavits having been produced,

The writ of error was dismissed, this court having no jurisdiction in the case.

Last modified: October 1, 2009