JOHNSON & Another v. WILKINS

JOHNSON & Another v. WILKINS. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE NORTHERN DISTRICT 0$ FLORIDA. Submitted January 4, 1886. — Decided January 11, 1886. The plaintiff in error having failed to show, either from the record, or by affi- ■ davits, that the matter in dispute exceeds five thousand dollars, the Court dismisses the. writ for want of jurisdiction. The facts are stated in the opinion of the court. Mr. J. D. Thompson for plaintiffs in error. Mr. C. C. Yonge, Sen’r, for defendant in error. [MAJORITY — Mr. Chief Justice Waite] Mr. Chief Justice Waite delivered the opinion of the court. There is nothing in this record from which it can fairly be inferred that the value of the matter in dispute exceeds five thousand dollars. The suit was ejectment, begun in a State court and removed to the Circuit. Court of the United States, for a lot in Pensacola and the profits thereof since January 1, 1880, of. the yearly value of five hundred dollars. The value of the lot is not stated in any of the pleadings, but in the petition for the removal of the suit it is put at “ more than five hundred dollars.” The recovery was of the lot and rent at fifteen dollars per month from January 1, 1880, until March 1, 1883, or five hundred and seventy dollars in all. If this rental is to be taken as an indication _of the value of the property, it certainly must be less than our jurisdictional limit. As it rests on the plaintiffs in error to show our jurisdiction either from the record or by affidavits, and this has not been done. The writ of error is dismissed for want of jurisdiction.