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NORTHERN PACIFIC R. CO. V. AUSTIN, 135 U. S. 315 (1890)

U.S. Supreme Court

Northern Pacific R. Co. v. Austin, 135 U.S. 315 (1890)

Northern Pacific Railroad Company v. Austin

No. 289

Submitted April 22, 1890

Decided may 5, 1890

135 U.S. 315




An amendment to a complaint in an action pending in a state court, allowed by the court after the evidence was in, by which the ad damnum clause was increased from a sum too small to allow the defendant to petition to have the cause removed to the circuit court of the United States to a sum in excess of the jurisdictional sum necessary for that purpose, cannot be reviewed here if the defendant, after such allowance, files no petition for such removal.

Austin brought his action in the District Court of Otter Tail County, Minnesota, to recover damages for the burning of certain growing trees on his land by fire set by an engine of the Northern Pacific Railroad Company, his complaint alleging the trees to have been of the value of $475 and that he was damaged in that sum, and demanding judgment for that amount, with costs and disbursements. The defendant put in a general denial. The cause coming on for trial, the record states that

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