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JOHNSON V. WILKINS, 118 U. S. 228 (1886)

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U.S. Supreme Court

Johnson v. Wilkins, 118 U.S. 228 (1886)

Johnson v. Wilkins

Submitted April 26, 1886

Decided Map 10, 1886

118 U.S. 228


The cause was submitted, under Rule 20, January 7, 1886. The Court finding nothing from which it could be inferred that the value of the matter in dispute exceeded $5,000, dismissed the case for want of jurisdiction January 19, 1886. On the 26th April, 1886, the plaintiffs in error moved to reinstate the cause, accompanying the motion with affidavits in its support. Held that the motion was too late.

These were motions, supported by affidavits, to reinstate a case dismissed because the amount in dispute did not appear by the record to be sufficient to give the Court jurisdiction. See Johnson v. Wilkins, 116 U. S. 392 -- and to recall the mandate.

The following were the grounds of the motion:

"First. That the subject matter in dispute is of such value as to give this honorable court jurisdiction, and that the plaintiffs in error were taken by surprise in not having notice of any intention on the part of defendant in error to deny the jurisdiction."

"Second. The defendant in error having by this agreement submitted the case upon its merits, he is now estopped from raising any question of jurisdiction. "

Page 118 U. S. 229

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