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U.S. Supreme Court

Bowman v. Chicago & Northwestern Ry. Co., 115 U.S. 611 (1885)

Bowman v. Chicago and Northwestern Railway Company

Submitted November i7, 1885

Decided December 7, 1885

115 U.S. 611


Plaintiff's declaration contained two counts for the same cause of action, each seeking the recovery of $1,200 from defendant. Defendant pleaded to the declaration and plaintiffs demurred to the pleas. A few days later, plaintiffs amended their declaration by leave of court so as to demand $10,000, and on the same day, the demurrer was overruled. Parties then filed a stipulation that in making up the record to this Court, the clerk of the circuit court should only transmit the amended declaration and pleas thereto, and judgment was then entered for defendant on the demurrer. Held that it was apparent on the face of the record that the actual value of the matter in dispute was not sufficient to give this Court jurisdiction.

The right of a railroad corporation as a common carrier to carry goods for hire is not a right, privilege, or immunity secured by the Constitution of the United States within the meaning of Rev.Stat. § 699, conferring upon this Court jurisdiction, without regard to the sum or value in dispute, for the review of any final judgment at law or final decree in equity of any circuit court or of any district court acting as a circuit court brought on account of the deprivation of any right, privilege, or immunity secured by the Constitution of the United States or of any right or privilege of a citizen of the United

The facts which make the case are stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 115 U. S. 612

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