From Casetext: Smarter Legal Research

Wells v. Wilkins

U.S.
Jan 11, 1886
116 U.S. 393 (1886)

Opinion

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF FLORIDA.

Submitted January 4, 1886. Decided January 11, 1886.

The court receives affidavits from plaintiffs in error, and counter affidavits from defendants in error, to determine the value of tracts of land sued for in ejectment (neither pleadings nor evidence in the record showing it), and dismisses the case.

Mr. J.D. Thompson for plaintiffs in error.

Mr. C.C. Yonge, Sen'r, for defendant in error.


The facts are stated in the opinion of the court.


These are suits in ejectment, each for a separate and distinct part of a lot in Pensacola. A judgment was rendered in each case for the recovery of the premises sued for in that case. Neither the pleadings nor the evidence found in the records show the value of the property, but on suing out the writs of error the plaintiffs in error in each case filed two affidavits to the effect that the value was more than $5000. Since the cases were docketed here, however, the defendant in error has filed counter affidavits which prove beyond all doubt that this is a mistake, and that the value in every one of the cases is very much less than our jurisdictional limit.

The writs of error are consequently all dismissed for want of jurisdiction.

Goldstucker Another v. Wilkins. Wells Others v. Wilkins. Wells Others v. Wilkins. Wells Others v. Wilkins. Wells Another v. Wilkins. All in error to the Circuit Court of the United States for the Northern District of Florida. These cases were all submitted at the same time, and by the same counsel, with Wells v. Wilkins reported above, and are, for the reasons given in the above opinion, all

Dismissed for want of jurisdiction.


Summaries of

Wells v. Wilkins

U.S.
Jan 11, 1886
116 U.S. 393 (1886)
Case details for

Wells v. Wilkins

Case Details

Full title:WELLS Others v . WILKINS

Court:U.S.

Date published: Jan 11, 1886

Citations

116 U.S. 393 (1886)

Citing Cases

Wells v. Wilkins

These were motions to reinstate six causes dismissed January 11, 1886. See 116 U.S. 393, 394. The grounds for…

De La Torre v. National City Bank

This enactment confirmed the practice previously approved by the Supreme Court under which affidavits might…