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N.Y. ELEVATED RAILROAD v. FIFTH NAT. BANK

118 U.S. 608 (1886)

NEW YORK ELEVATED RAILROAD v. FIFTH NATIONAL BANK.

Supreme Court of United States.

Decided November 1, 1886.

Attorney(s) appearing for the Case

Mr. William F. McRae, for the motion.

Mr. Henry H. Anderson, Mr. Julien T. Davies, and Mr. Howard Townsend, opposing.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

The rule is settled that, when a writ of error is sued out from this court by the defendant below, and no question is presented growing out of a partial defence to the action, or a counter-claim or a set-off, the value of the matter in dispute is fixed by the amount of the judgment. Gordon v. Ogden, 3 Pet. 33; Hilton v. Dickinson,

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