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Susan Vighl, Plaintiff in Error, v. Henry Naylor, administrator of George Naylor, deceased U.S. 208 (1861)

handle is hein.slavery/ussccases0421 and id is 1 raw text is: SUPREME COURT. Vigel v. Naylor. ments made by the libellants fr.the payment of wages and provisions for the ship. The ship-owners appeared, and answered; but it is unneces- sary to state more particularly the facts in controversy be- tween the parties, because the final decree of the Circuit Court was for less than two thousand dollars, and conse- quently no appeal from its decree will lie to this court. At the hearing in the District Court the libel was dismiss- ed; but upon an appeal to the Circuit Court this decision was reversed, and a decree passed by the Circuit Court in favor-of the libellants for thb sum of $2,302.78, with leave to the respondents to set off the balance due them for freight, if theyshould elect to do so. Afterwards, the respondents ap- peared in court, and elected to set off this balance against the sum decreed against them, which reduced the amount to $1,071.27. But in making this election, the proctors for the sDondents stated in writing, and filed in the court, that the eiection to set off was made iVithout any waiver of their right to appeal from the decree. After this election was made, the court, on the 31st of August, 1858, passed its decree in favor of the libellants for -the above-mentioned sum of $1,071.27, with interest from July 20, 1858. This was the final decree of the court, and the one fiom which the.appeal is taken; and, as it is beloJr $2,000, no appeal will lie under the act of Con- gress. And neither the reservation of the respondents in nanking their election, nor even the consent of both parties, if that had appeared, will give jurisdiction to this court where it is not given by law' The appeal must therefore be dismissed for want of juris- diction. SUSAN V'IGEL, PLAINTIF IN ERROR, V. HENRY NAYLOR, ADMIN- ISTRATOR OF GEORGE NAYLOR, DECEASED. - On a petition for freedom, the petitioner proved that one Kirby had emancipated all his slaves by will some immediately and sofe at a future day. The petitioner, -in order to bring herself within -this category and show that

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