Hall v. Curtis

The opinion of the Court was delivered by Fenner, J. A motion is made to dismiss this appeal for lack of jurisdiction thereof, because the amount in dispute does not exceed two thousand dollars. We think the appeal has no place in our Court. The action is to recover : 1st. Two lots of ground valued at..........................$1,000 2d. Rents and revenues thereof, valued at.................. 260 3d. Certain personal property or its value, yalued at........ 300 4th. Injury and waste of improvements, valued at........... 150 the whole amounting to......................................$1,710 To this is added a roving allegation that “ by said fraudulent and illegal possession of said property * * petitioners have been damaged in the full sum of five hundred dollars.” Inasmuch as this allegation is supported by no specification of the nature of the pretended damage, and as every reasonable cause of in [505] jury had been set forth in the previous particular claims, we must treat this last claim as merely fictitious and entitled to no consideration as forming part of the real matter in dispute, which is thus below the limit of our jurisdiction. The appeal is, therefore, dismissed.