Wabash St. Railway Company v. Knox/Opinion of the Court

The judgment in this case was for $5,237.15, but the record shows in many ways that of this amount $727.42 was admitted to be due. A formal tender of that sum was made on the twenty-sixth of February, 1883, and the money deposited in court for Knox, the plaintiff, where it remained until the fourteenth of March, nine days after the judgment was rendered, when it was withdrawn by the railroad company, without prejudice, on the order of the court, and with the consent and agreement of Knox. The bill of exceptions also shows an admitted liability of the company for the amount of the tender. The case is, therefore, in all material respects, like that of Tintsman v. ''Nat. Bank'', 100 U.S. 6, where the writ was dismissed, althought the judgment was for $8,233.59, because, by an agreed statement of facts in the record, it appeared that the defendant admitted he owed $5,009.59 of the amount recovered. To the same effect is Jennes v. ''Citizens' Nat. Bank of Romeo, ante'', 425. The amount in dispute here is no more than was in dispute below, and that was less than $5,000.

The motion to dismiss is granted.