United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bennett v. Butterworth, 49 U.S. 8 How. 124 124 (1850)

Bennett v. Butterworth

49 U.S. (8 How.) 124

Syllabus

Where a plaintiff in the court below filed a petition for the recovery from the defendant of four slaves, whose value he alleged to be $2,700, and the jury found a verdict for the plaintiff "for $1,200, the value of the negro slaves in suit," and the plaintiff thereupon released the judgment for $1,200, and the court adjudged that he recover of the said defendant the said slaves, the case is within the appellate jurisdiction of this Court.

The plaintiff averred in his petition, that the slaves were worth $2,700, and by his releasing the judgment for $1,200, the only question before this Court is the right to the property. And as the defendant below prosecuted the appeal, the plaintiff cannot be allowed to deny here the truth of his own averment of the value of the property in dispute.

A motion was made to dismiss it for want of jurisdiction, because the sum or matter in controversy was not of the value of two thousand dollars.

Page 49 U. S. 127