Cooke v. United States

1. The mere fact that an act of Congress authorizes a judgment obtained' by the Government against a party, to he discharged by the payment of a sum less than $2000, is no ground to ask a dismissal of a case of ■which the'court had properly obtained jurisdiction before the act passed. The party may not ohoose thus to settle the judgment, but prefer to try to reverse it altogether. 2. 'When the sum in controversy is large enough to give thé court jurisdiction of a casé, such jurisdiction once properly obtained, is not taken away by a,subsequent reduction of the sum below the amount requisite.

In this case tbe United States had obtained adjudgment for $3796,80 against Cooke, who to the same took a writ of error. The Attorney-General now moved the court to dismiss the cause for want of jurisdiction, and assigned for reason that since the issuing and serving of the writ of error, an act of Congress had reduced the amount in controversy' below the sum of $2000. ' On referring to the act, it appeared to authorize a remission of $2500 from the $3796.80, for which judgment had been obtained; but the remission was offered on condition of payment.of the remaining $1296.80 : and nothing was put before the court to show that Cooke had availed himself of the offer made.