New York Elevated Railroad v. Fifth National Bank,
118 U.S. 608 (1886)

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U.S. Supreme Court

New York Elevated Railroad v. Fifth National Bank, 118 U.S. 608 (1886)

New York Elevated Railroad v. Fifth National Bank

Submitted October 12, 1886

Decided November 1, 1886

118 U.S. 608


The value of the matter in dispute in this Court is determined by the amount of the judgment below, without regard to the amount of the verdict.

Jurisdiction of a cause, having once attached in this Court, cannot be defeated by plaintiff below waiving or releasing enough of the judgment to bring it within the jurisdictional amount.

This was a motion to dismiss on the ground that the matter in dispute did not exceed the sum or value of $5,000. The suit Was brought by the Fifth National Lank of the City of New York against the New York Elevated Railroad Company to recover damages for injuries to real estate. A trial was had which resulted in a verdict against the railroad company, on the 9th of June, 1886, for $5,000. At the time of the rendition of the verdict, the railroad company moved for a new trial. This motion was denied on the 10th of August, and on the 26th of the same month, a judgment was entered for $5,068.33, that being the amount of the verdict, with interest added to the date of the judgment. The claim now made was that the value of the matter in dispute was to be determined by the verdict, without the interest.

Page 118 U. S. 609

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