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WELLS V. WILKINS, 118 U. S. 230 (1886)

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U.S. Supreme Court

Wells v. Wilkins, 118 U.S. 230 (1886)

Wells v. Wilkins

Submitted April 19, 1886

Decided May 10, 1886

118 U.S. 230

Syllabus

The court does not find in the affidavits submitted, with the motions to reinstate, proof that the value of the property in dispute is sufficient to give it jurisdiction of the causes.

These were motions to reinstate six causes dismissed January 11, 1886. See 116 U.S. 116 U. S. 393-394.

The grounds for the motion were stated as follows:

First. The affidavit taken by the defendant in error denying that the subject matter in dispute was within the jurisdiction of this Honorable Court were taken ex parte and without any notice to the plaintiffs in error or their counsel of record.

"Second. 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."

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

The second ground for dismissal was supported by affidavits as to the value of the property in dispute. chanroblesvirtualawlibrary

Page 118 U. S. 231





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