United States v. McDowell

United States v. McDowell. Jurisdiction in error. In deciding whether the matter in dispute he sufficient to sustain the jurisdiction of this court, it will look to the sum due upon the condition of a 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 their replication, assigned a special breach of the condition of the bond, in not paying over to the United States the sum of $328. *The judgment below was against the United States, who sued out poi ^ the present writ of error. But— L [MAJORITY] This Court, without argument, decided that it had no jurisdiction, the matter in dispute being of less value than $2000.