GAGE v. PUMPELLY and others.

108 U.S. 164 (2 S.Ct. 390, 27 L.Ed. 668)

GAGE v. PUMPELLY and others.

Decided: March 26, 1883

Augustus N. Gage and A. G. Riddle, for appellant.

E. G. Mason, for appellees.

WAITE, C. J.

This motion is denied. Many of the affidavits sent up with the transcript state distinctly that the value of the property, which is the matter in dispute, exceeds $5,000. When an appeal has been allowed, after a contest as to the value of the matter in dispute, and there is evidence in the record which sustains our jurisdiction, the appeal will not be dismissed simply because, upon an examination of all the affidavits, we may be of the opinion that possibly the estimates acted upon below were too high. There is no such decided preponderance of the evidence in this case against jurisdiction as to make it our duty to dismiss the appeal which has been allowed.

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