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Sims v. Springfield City Water Co.

Sims v. Springfield City Water Co., 114 F. Supp. 694 (W.D. Mo. 1953)
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Court
District Court, W.D. Missouri · Federal District Courts
Decided
September 8, 1953
Docket
No. 1212
Judges
Reeves
Citations
114 F. Supp. 6941953 U.S. Dist. LEXIS 4053

Opinion of the Court — Reeves

Text extracted by OCR from a scanned original; check the original for exact wording.

REEVES, Chief Judge.

The motion to remand in the above case is sustained. The prayer of the complaint is for exactly $3,000. Both Section 1331 and Section 1332, Title 28 U.S.C.A. provide that the national courts can only have jurisdiction where “the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs, * * The language is practically the same in both sections.

In the case of Athan v. Hartford Fire Ins. Co., 73 F.2d 66 , loc. cit. 67, the Court of Appeals, Second Circuit, had before it the identical question. Judge Swan, the author of the opinion, said:

“By the express terms of this statute the amount in controversy, exclusive of interest and costs, must exceed the sum of $3,000. In the case at bar it exactly equaled, but did not exceed, that sum. Hence the court below was without jurisdiction to take the case on removal, and the judgment must be reversed and the cause remanded to the court in which it was originally brought.”

It is therefore ordered -and adjudged that said case be and the same hereby is remanded to the court from which removed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1960: 119602026peak 1960 · 1

Relies on it most ⓘ

  1. Simpler v. State, Use of Boyd165 A.2d 464 (Md. 1960)

Most recent

  1. Simpler v. State, Use of Boyd165 A.2d 464 (Md. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Athan v. Hartford Fire Ins. Co., 73 F.2d 66 (2d Cir. 1934) 16

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