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Seaver v. Bigelows

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eBook details

  • Title: Seaver v. Bigelows
  • Author : United States Supreme Court
  • Release Date : January 01, 1866
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

Mr. E. S. Smith, in support of the jurisdiction: The act of Congress allows appeals in equity, when the matter in dispute shall exceed the sum or value of two thousand dollars. The judgment is not the amount, as that is not in dispute, it having been fixed by the court at law. Therefore, the value of the property must be the sum in controversy. A decree, in cases of this kind, need not state the amount to be paid. The prayer in the bill, is to apply the property, fraudulently disposed of, to pay the sums fixed by the judgments. Freeman v. Howe2 is decisive. It was there held, that a bill filed on the equity side of the court to restrain or regulate judgments, or suits at law, in the same court, and thereby prevent any injustice or inequitable advantage, under mesne or final process, is not an original suit, but ancillary and dependent; supplementary merely to the original suit, out of which it had arisen.


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