Page:United States Reports, Volume 2.djvu/365

 Cnevrr Couwr, Pmryjlwrnia Diltri&. 359 relation to the jurifdiétion of the Diflriét Court in fuits brought 1796. by the United State:. The very provilion, indeed, which au- K/rs) thorifes the Court,—in the zothjmim to adjudge that the plaintiff . {hall pay colte, where lefs than the fum of goo dollars is reco- vered, lhews clearly that the jurifdiélion was intended to be vetted, if the matter in r’.i£p·zte, as {lated in the declaration, ex- ceeds the fpeciiicd amount, théugh a jury, or referees, lhould I not give fo-rnucli. The matter in difpure in this caufe was an aggravated pgirtbnal injury, which might have endangered the plaintiil"s life, and certainly would have jultilied heavier dama- ges The Judges, though they delivered their opinions feparately, concurred in the following politions, as the ground of decilion. Br ·n-rs. Cotmr :-That the fum, or value of the objeét in controverfy, lhould amount to _;oo’dollars,·was deemed by the Legillature a reafonable limit to the jurifdiiition of this Court: ` but the law has itfelf, liltewifc, provided the remedy againlt ` any tranfgreliion of that limitation, by declaring that the plain- tif}, who recovers lelis, may be adjudged to pay coils. The ` very force of the expreilion veils a jurifdiélion; lince it would be rmpoilible to ugudge that the plai¤titl"lhou1d pay coils, with- out taking cognizance of the caufe. But whatever diliinélion might be made inother refpe&s, `hetween fuits inltituted to recover a fum certain, and fuits. brought to recover- damages for a tort, certain it is, that in the latter cafes there can be no rule to afcerrain the jurifdiélion of the Court, but the value laid in the declaration. If the finding of the ]ury was the criterion, then the jurifdiétion of the Court would depend entirely on the verdict; and if a verdiék in favor of the plaintit}, for lefs than goo dollars, would defeat the ju- rifdiétion, a verdiél againll him mull: unqueltionably be equally r fatal. I We think, therefore, that the amount of the plaintiii"s claim mult be conlidercd as the matter in difpute; and that upon a fair comparifon and conllzruétion of the 1 ith and aoth feclions of the Judicial aét, the mere finding of a jury, or of referees, upon the queltion of damages, cannot affect the jurifdiflion of the Court." e ` Rule difcharged. 05:50* ' The following authorities were cited by P:·rrns,_7iarice:-Debt, detinue, 8cc. will not lie for a debt under 4.o llrillinga; 2 Inst. gt r. gra. Cum. Dig. Yet, the fmallnefs of the fum mul! appear on the face of the declaration. 3 Burr, rsge. Burner 497. and though redu- lcd by a ·l`er-oil} it will not afl`cé`t tl1ejuril`Jit`li¤n of the Court.;lW!s. A8. Com. Dig. ggo. · ’ ln

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