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MCDANIEL V. TRAYLOR, 212 U. S. 428 (1909)

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U.S. Supreme Court

McDaniel v. Traylor, 212 U.S. 428 (1909)

McDaniel v. Traylor

No. 70

Submitted January 12, 1909

Decided February 23, 1909

212 U.S. 428

Syllabus

Where a number of claim are so tied together by combination or conspiracy as to make the reliefs ought in regard thereto one claim, the aggregate amount of such claim will be the test of jurisdiction of the circuit court; but if the plaintiff fail to prove such combination or conspiracy, each claim must be regarded as separate, and, as to those which are less than $2,000, the Circuit Court has not jurisdiction. An attorney must be the agent of all to bind all, and a plaintiff charging a conspiracy between certain claimants and an administrator chanroblesvirtualawlibrary

Page 212 U. S. 429

cannot satisfy the burden of proof which is on him to show that all conspired by showing that the same person was attorney for several of the defendants, as no presumption exists that he was attorney for all from the fact that, as attorney for the administrator, he advised the payment of all the claims.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 212 U. S. 430





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