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TERRY V. HATCH, 93 U. S. 44 (1876)

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Terry v. Hatch, 93 U.S. 44 (1876)

Terry v. Hatch

93 U.S. 44


1. Under sec. 692 of the Revised Statutes, an appeal could not be had to this Court from the final decree of a circuit court unless the matter in dispute, exclusive of costs, exceeded the sum or value of $1,000.

2. In a suit by its creditors against an insolvent bank which had made an assignment for their benefit, claims amounting to $440,000, including a decree in favor of A. for $23,297, and judgments in favor of B. for $88,000, were proved and allowed. There was realized under the assignment $30,000, the pro rata distribution of which was decreed by the court. A. filed an exception to the allowance of B.'s claim, which was overruled, whereupon he, by leave of the court, took a separate appeal "without joining any party to the record with him as appellant" or any party as defendant except B. Held that the amount in dispute here is the interest of A. in that portion of the $30,000 payable by the decree to B., which the former would have received had his exception been sustained, and the amount decreed the latter been distributed pro rata among all the creditors. As that interest is less than $2,000, this Court has no jurisdiction.

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