Mccarthy Vs. Provost

Mccarthy vs Provost

Type Court Judgment Court US Supreme Court Decided 1880

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Citation: sooperkanoon.com/84042
Court: US Supreme Court
Decided On: 1880
Case Number: 103 U.S. 673
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mccarthy

Respondent

Provost

Excerpt

mccarthy v. provost - 103 u.s. 673 (1880) u.s. supreme court mccarthy v. provost, 103 u.s. 673 (1880) mccarthy v. provost 103 u.s. 673 appeal from the circuit court of the united states for the district of louisiana syllabus in a suit for partition, the value of the undivided part in controversy, and not of the lands, determines the appellate jurisdiction of this court. appeal from the circuit court of the united states for the district of louisiana. mr. chief justice waite delivered the opinion of the court. we have no jurisdiction in this case. the suit was brought to recover one two hundred and fortieth part of certain lands, and for a partition so as to set off to the appellant in severalty that interest. it is averred in the bill that "the value of the property sought to be partitioned amounts to more than $5,000," but the matter in dispute on this appeal is only one two hundred and fortieth part of the whole property, as that is all the appellant claims. our jurisdiction therefore depends on the value of that part, which certainly is not shown to be more than $5,000. appeal dismissed.

Full Judgment

McCarthy v. Provost - 103 U.S. 673 (1880)
U.S. Supreme Court McCarthy v. Provost, 103 U.S. 673 (1880)

McCarthy v. Provost

103 U.S. 673

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF LOUISIANA

SYLLABUS

In a suit for partition, the value of the undivided part in controversy, and not of the lands, determines the appellate jurisdiction of this Court.

APPEAL from the Circuit Court of the United States for the District of Louisiana.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

We have no jurisdiction in this case. The suit was brought to recover one two hundred and fortieth part of certain lands, and for a partition so as to set off to the appellant in severalty that interest. It is averred in the bill that "the value of the property sought to be partitioned amounts to more than $5,000," but the matter in dispute on this appeal is only one two hundred and fortieth part of the whole property, as that is all the appellant claims. Our jurisdiction therefore depends on the value of that part, which certainly is not shown to be more than $5,000.

Appeal dismissed.

Same Parties Mccarthy vs Provost Same Subject Land Acquisition