North Pacific Steamship Co. v. Soley, 257 U.S. 216 (1921)

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North Pacific Steamship Company v. Soley


No. 63


Submitted November 7, 1921
Decided December 5, 1921
257 U.S. 216

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

1. It is the duty of the district court to dismiss whenever it appears to its satisfaction that the suit doe not really and substantially involve the requisite jurisdictional amount. Jud.Code, §§ 24, 37. P. 221.

2. When this question is raised by answer, the district court will decide it upon the facts adduced, and this Court will review the decision upon the evidence as one presenting a jurisdictional question. P. 221.

3. In a suit to enjoin execution of an award for disabling personal injuries, made under the California Compensation Act and requiring present payments and future indemnity payments during a maximum period, it was proven that the defendant was cured before the bill as filed, so that the total liability was less than $3,000, though it would have been more had his disability continued, and that the award had been reduced accordingly by action of the proper authority, upon his application, while the suit was pending. Held that the district court had no jurisdiction. P. 221.

Affirmed.

Direct appeal from a judgment of the district court dismissing, after a hearing, for want of jurisdiction.