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UNITED STATES V. MCDANIEL, 31 U. S. 634 (1832)

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United States v. McDaniel, 31 U.S. 6 Pet. 634 634 (1832)

United States v. McDaniel

31 U.S. (6 Pet.) 634


The declaration was for a balance of accounts of $988.94, and the ad damnum was laid at $2,000. The bill of exceptions showed that the United States claimed interest on the balances due it. Under those circumstances, it is no objection to the jurisdiction that the bill of exceptions was taken by the counsel for the United States to a refusal of the court to grant an instruction asked by the United States which was applicable to certain items of credit only claimed by the defendants which would reduce the debt below the sum of $1,000. The Court cannot judicially know what influence that refusal had upon the, verdict.

A motion was made by Mr. Coxe, for the defendant, to dismiss this suit for want of jurisdiction, the sum in controversy at the trial being less than $1,000 and it appearing from the bill of exceptions that the only items in controversy on which the instruction excepted to was given by the circuit court were less than that sum.

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