United States v. McDowell, 8 U.S. 316 (1808)

U.S. Supreme Court

United States v. McDowell, 8 U.S. 4 Cranch 316 316 (1808)

United States v. McDowell

8 U.S. (4 Cranch) 316

ERROR TO THE DISTRICT COURT

FOR THE DISTRICT OF KENTUCKY

Syllabus

In deciding whether the matter in dispute be sufficient to sustain the jurisdiction of this Court, it will look to the sum due upon the condition of the bond, and not to the penalty.

Error to the District Court for the District of Kentucky in an action of debt for $20,000, the penalty of an official bond given by the defendant, as marshal of that district, for the faithful execution of the duties of his office by himself and his deputies. The defendant pleaded performance generally. The United States, in its replication, assigned a special breach of the condition of the bond in nonpaying over to the United States the sum of $328.

Page 8 U. S. 317

The judgment below was against the United States, who sued out the present writ of error.

U.S. Supreme Court

United States v. McDowell, 8 U.S. 4 Cranch 316 316 (1808)

United States v. McDowell

8 U.S. (4 Cranch) 316

ERROR TO THE DISTRICT COURT

FOR THE DISTRICT OF KENTUCKY

Syllabus

In deciding whether the matter in dispute be sufficient to sustain the jurisdiction of this Court, it will look to the sum due upon the condition of the bond, and not to the penalty.

Error to the District Court for the District of Kentucky in an action of debt for $20,000, the penalty of an official bond given by the defendant, as marshal of that district, for the faithful execution of the duties of his office by himself and his deputies. The defendant pleaded performance generally. The United States, in its replication, assigned a special breach of the condition of the bond in nonpaying over to the United States the sum of $328.

Page 8 U. S. 317

The judgment below was against the United States, who sued out the present writ of error.

But this Court, without argument, decided that it had no jurisdiction, the matter in dispute being of less value than $2,000.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.

Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.