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NEW MEXICO V. ATCHISON, T. & S.F. RY. CO., 201 U. S. 41 (1906)

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U.S. Supreme Court

New Mexico v. Atchison, T. & S.F. Ry. Co., 201 U.S. 41 (1906)

New Mexico v. Atchison, Topeka

and Santa Fe Railway Company

No. 182

Argued January 26, 1906

Decided March 12, 1906

201 U.S. 41


Plaintiff sued in the district court of a territory for several items and recovered judgment for less than amount sued for but over $5,000 with interest at six percent. Defendant alone sued out writ of error from the supreme court of the territory, which disallowed $4,880 of the judgment, including interest at six percent. Plaintiff then appealed to this Court, and prayed for reinstatement of the district court judgment and, when the case was reached for hearing here, assigned as additional error that the district court had not allowed twenty-five percent, instead of six percent, interest, which would have made the amount disallowed exceed $5,000.

Held that plaintiff had not complained of the district court judgment the only matter in dispute was that part of the district court judgment which was disallowed by the territorial supreme court, and, as that was less than $5,000, the appeal to this Court could not, under the Act of March 3, 1885, 23 Stat. 443, be maintained.

The facts are stated in the opinion.

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