SooperKanoon Citation | sooperkanoon.com/83702 |
Court | US Supreme Court |
Decided On | 1879 |
Case Number | 100 U.S. 444 |
Appellant | Pierce |
Respondent | Wade |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]pierce v. wade - 100 u.s. 444 (1879) u.s. supreme court pierce v. wade, 100 u.s. 444 (1879) pierce v. wade 100 u.s. 444 error to the circuit court of the united states for the district of kansas syllabus where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this court, held that the writ must be dismissed for want of jurisdiction. mr. chief justice waite delivered the opinion of the court. this was a suit in replevin brought by pierce and reed, the plaintiffs, in error, against wade to recover a large number .....Code Context}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. 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The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. 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Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Pierce v. Wade
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
100 U.S. 444
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
ERROR TO THE CIRCUIT COURT OF THE
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
UNITED STATES FOR THE DISTRICT OF KANSAS
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Syllabus
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, held that the writ must be dismissed for want of jurisdiction.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Writ of error dismissed.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Pierce Vs Wade - Citation 83702 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br /> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a class="page-number" id="445"> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br /> <br /> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ), 'casename_url' => 'pierce-vs-wade', 'args' => array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) ) $title_for_layout = 'Pierce Vs Wade - Citation 83702 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '83702', 'acts' => null, 'appealno' => '100 U.S. 444', 'appellant' => 'Pierce', 'authreffered' => null, 'casename' => 'Pierce Vs. Wade', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1879-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> </p> <p> <b> 100 U.S. 444 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> </p> <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. </p> <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. </p> <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number </p> <p> <a> Page 100 U. S. 445 </a> </p> <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. </p> <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. </p> <p> <em> Writ of error dismissed. </em> </p> <br/> <br/> </div>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Wade', 'sub' => null, 'link' => '/cases/federal/us/100/444/', 'circuit' => null ) ) $casename_url = 'pierce-vs-wade' $args = array( (int) 0 => '83702', (int) 1 => 'pierce-vs-wade' ) $url = 'https://sooperkanoon.com/case/amp/83702/pierce-vs-wade' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1879' ) $content = array( (int) 0 => '<div> Pierce v. Wade - 100 U.S. 444 (1879) <br/> <span> U.S. Supreme Court Pierce v. Wade, 100 U.S. 444 (1879) </span> <p> <b> Pierce v. Wade </b> ', (int) 1 => ' <p> <b> 100 U.S. 444 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT OF THE </em> ', (int) 4 => ' <p> <em> UNITED STATES FOR THE DISTRICT OF KANSAS </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> Where, in replevin, judgment was rendered in favor of the plaintiff for a portion of the property delivered under the writ and in favor of the defendant for a return of the residue or its value, the same not being $5,000, and the plaintiff sued out a writ of error to this Court, <em> held </em> that the writ must be dismissed for want of jurisdiction. ', (int) 7 => ' <p> MR. CHIEF JUSTICE WAITE delivered the opinion of the Court. ', (int) 8 => ' <p> This was a suit in replevin brought by Pierce and Reed, the plaintiffs, in error, against Wade to recover a large number ', (int) 9 => ' <p> <a> Page 100 U. S. 445 </a> ', (int) 10 => ' <p> of cattle branded in a particular way. In executing the writ, the marshal, by mistake, took from the defendant sixty-two head of Texas steers not having the proper brand and delivered them with the other cattle to the plaintiffs on receiving the requisite bond. On the trial, it was found that the plaintiffs were the owners, and entitled to the immediate possession of all thus delivered over to them, except the Texas steers taken by mistake. It was thereupon adjudged that they "have and recover from the said defendant the possession of all the cattle, . . . except sixty-two head of Texas steers," and as to these it was adjudged that they be returned by the plaintiffs to the defendant, or if that could not be done, "that the defendant have and recover from the plaintiffs the said sum of $1,400, the value thereof." From that judgment the plaintiffs below have taken this writ of error. ', (int) 11 => ' <p> Upon this state of facts it is clear we have no jurisdiction. The matter in dispute is the sixty-two head of Texas steers, the value of which is only $1,400. The plaintiffs recovered every thing else which they claimed, and the judgment against them is less than $5,000. We have always held that when a case is brought here by the defendant below, the amount of the recovery against him is the measure of our jurisdiction, except when he has asked affirmative relief, and that has been denied. The same rule is applicable to plaintiffs in replevin suits, where the defendant gets judgment for a return of property taken and delivered under the writ, or its value. ', (int) 12 => ' <p> <em> Writ of error dismissed. </em> ', (int) 13 => ' <br/> <br/> </div>' ) $paragraphAfter = (int) 1 $cnt = (int) 14 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109