ABADIE v. US , 149 U.S. 261 (1893)

United States Supreme Court

ABADIE v. U S(1893)

No. 260

Decided: May 01, 1893

James Herrman, for appellant.

Asst. Atty. Gen. Maury, for the United States. [149 U.S. 261, 262]  

Mr. Chief Justice FULLER.

This is an appeal from a decree of the circuit court of the United States for the northern district of California, in a proceeding under the act of congress of February 25, 1885, entitled 'An act to prevent unlawful occupancy of the public lands,' (23 St. p. 321,) whereby appellant was directed to remove a fence and inclosure from certain sections of land therein described, in default of which it was decreed that the same should be destroyed by the marshal for said district. The value of the fence was claimed to exceed $5,000; but the fence was not the matter in dispute, nor was the appellant deprived thereof. For want of the jurisdictional amount ( Cameron v. U. S., 146 U.S. 533 , 13 Sup. Ct. Rep. 184) the appeal must be dismissed.