Summary

Portrait of Roger B. Taney Roger B. Taney Bennett v. Butterworth (49 U.S. 124…

Now if the judgment of the District Court had been for the defendant, the plaintiff would evidently have been entitled to maintain a writ of error. And as he sues for the specific property, and avers the value to be $2,700, he would have been entitled to the writ, even if he had laid his damages for the detention below $2,000. For the averment of value when he sues for property shows the value of the thing in controversy, as much as the averment of debt or damage, when he sues for money.
Source: Wikisource

Portrait of Roger B. Taney Roger B. Taney Bennett v. Butterworth (49 U.S. 124…

Hughes and Howard, on a prior day of the present term of this court, to wit, on Friday, the 25th day of January last past, to dismiss this writ of error for the want of jurisdiction, and of the arguments of counsel thereupon had, as well in support of as against the same, it is now here ordered by this court, that the said motion be, and the same is hereby, overruled.
Source: Wikisource

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