New Jersey Zinc Co. v. Trotter
108 U.S. 564 (1883)

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U.S. Supreme Court

New Jersey Zinc Co. v. Trotter, 108 U.S. 564 (1883)

New Jersey Zinc Company v. Trotter

Decided May 7, 1883

108 U.S. 564

Syllabus

Where, in an action of trespass in which a count of trespass quare clausum is joined to a count of trespass de bonis asportatis, the defendant sets up no plea of title, and it does not in any way appear by the record that title is involved, and the plaintiff recovers judgment for a sum less than $5,000, the defendant cannot bring the cause here on a writ of error, even though the judgment below may operate collaterally to estop the parties in another suit.

Trespass quare clausum, to which was joined a count of trespass de bonis asportatis. General issue. Trial and judgment for the plaintiff for $4,072.25, damages, costs, and charges. Defendant brought the cause here on error. Defendant in error moved to dismiss the writ of error, and joined with it a motion to affirm, grounding the first motion on the insufficiency of the amount of the judgment. The defendant resisted the motion on the ground that the real issue tried between the parties in the court below was the title to real estate of much greater value than $5,000.

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