United States Supreme Court Cases & Opinions

U.S. Supreme Court

Tupino v. La Compania de Tabacos, 214 U.S. 268 (1909)

Tupino v. La Compania General de Tabacos de Filipinas

No. 148

Argued April 14, 15, 1909

Decided May 24, 1909

214 U.S. 268

Syllabus

Distinct judgments in favor of or against distinct parties, though in the same record, cannot be joined to give this Court jurisdiction.

While in case of joint entry and ouster, where the answer of all defendants takes issue without setting up separate claims to distinct parcels, and the judgment for recovery of possession is against all defendants jointly, the measure of appellate jurisdiction is the value of the whole land, Friend v. Wise, 111 U. S. 797, where there is no allegation of joint ownership or joint possession, and the controversy with each defendant relates to a separate and distinct parcel, and judgment is rendered separately, the measure as to each defendant is the value of his separate parcel. Tupper v. Wise, 110 U. S. 398. Nor does this Court have jurisdiction in such a case if the judgment

Page 214 U. S. 269

were jointly against the defendants for damages where the total amount awarded is less than the jurisdictional amount.

Writ of error to review 2 Phil. 142 dismissed.

The facts are stated in the opinion.