The D. R. Martin/Opinion of the Court

Barney, having failed to appeal from the decree of the District Court, is concluded by the amount found there in his favor. He appears upon the record as satisfied with what was done by that court. In the Circuit Court, the matter in controversy was his right to recover the sum which had been awarded him as damages. If that court had decided against the claimant, he could not have asked an increase of his damages. Stratton v. Jarvis, 8 Pet. 9, 10; Houseman v. Schooner North Carolina, 15 id. 40. As the matter in dispute here is that which was in dispute in the Circuit Court, it follows that the amount in controversy between the parties in the present state of the proceedings is not sufficient to give us jurisdiction. Gordon v. Ogden, 3 Pet. 34; Smith v. Honey, id. 469; Walker v. United States, 4 Wall. 164.

The appeal is dismissed.