Wilson v. Daniel
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Gordon v. Ogden rejected Wilson's rule for measuring the amount in controversy on a defendant's writ of error, but did not address Wilson's separate holding that an informal final judgment could be reviewed. The Constitution Annotated lists Wilson as overruled by Gordon; the confirmed treatment of its jurisdictional rule is listed below.
5 later cases cite Wilson v. Daniel; 5 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Wilson v. Daniel?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in part
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The Supreme Court rejected Wilson's rule that the amount in controversy on a defendant's writ of error turns on the value put in demand before judgment.
Gordon v. Ogden · Supreme Court of the United States · filed
The counsel for the plaintiff ift error relies on the case of Wilson vs. Daniel, 3 Dall. 401. That case,- it is admitted, is in pdfnf.-.-.It turns on the- principle that the jurisdiction of this court depénds on the sqm which was in dispute before the judgment was rendered in the circuit court. Although that case was decided-by a divided court, and although we-thjnk, that upon the true construction of the iwenty.-secon.d,section of the judicial act, the jurisdiction of the court-depends- upon thejs.um in dispute between the parties ni the case stands upon the-writ of error-,-wo should be much inclined to adhere to the decision in Wilson vs. Daniel, had not a contrary practice since prevailed. ... We are all of opinion that the writ of error be dismissed, the court having no jurisdiction of the cause.
Read the full opinion on CourtListener →
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