United States Supreme Court Cases & Opinions

U.S. Supreme Court

Seaver v. Bigelows, 72 U.S. 5 Wall. 208 208 (1866)

Seaver v. Bigelows

72 U.S. (5 Wall.) 208

Syllabus

In a creditor's bill -- several creditors joining -- to set aside a conveyance of property as fraudulently made, this Court has no jurisdiction on appeal if the judgment of the creditor appealing do not exceed $2,000. The fact that the fund in litigation exceeds it is not sufficient.

Seaver filed a creditor's bill against the defendants, in the Circuit Court for the Northern District of Illinois, setting forth a judgment against one of the defendants, for the

Page 72 U. S. 209

sum of $839.48, and, he being insolvent, seeking to get satisfaction of it from a fund exceeding $2,000 in the hands of another of the defendants who, it was charged, was in possession of the fund by fraud. Plimpton, who joined in the bill, set out a judgment for the sum of $988.47. The suit went to issue, and was heard on the pleadings and proofs, and a decree entered dismissing the bill. The case being now here on appeal, a question arose whether this Court had jurisdiction, as the statute limiting appeals from the circuit court is confined to cases where the sum in dispute exceeds $2,000, exclusive of costs. [Footnote 1]