'The distinction constantly maintained is this: Where the plaintiff sues for an amount exceeding $2,000, and the ad damnum exceeds $2,000, if by reason of any erroneous ruling of the court below, the plaintiff recovers nothing, or less than $2,000, there the sum claimed by the plaintiff is the sum in controversy for which a writ of error will lie. But if a verdict is given against the defendant for a less sum than $2,000, and a judgment passes against him accordingly, there it is obvious that there is, on the part of the defendant, nothing in controversy beyond the sum for which the judgment was given; and consequently he is not entitled to any writ of error. We cannot look beyond the time of the judgment in order to ascertain whether a writ of error lies or not.'
The rule as thus stated by Mr. Justice STORY, was cited in Walker v. U.S. 4 Wall. 163, and in Merrill v. Patty, 16 Wall. 345. But these were cases in which the question was as to the right of a defendant to bring up for review a judgment against himself for less than $2,000.
In Ryan v. Bindley, 1 Wall. 66, the plaintiff below sued for $2,000, and the defendant pleaded set-off to the amount of $4,000. Under such a plea, if the set-off had been sustained, the defendant would have been entitled to a judgment for the difference between the amount of his claim and that established by the plaintiff. The plaintiff recovered a judgment for $575.85, and the defendant brought a writ of error, upon which jurisdiction was sustained because the defendant sought to defeat the judgment against him altogether, and to recover a judgment in his own favor and against the plaintiff for at least two thousand dollars, and possibly four thousand. Thus the matter in dispute in this court exceeded $2,000.
In Pierce v. Wade, 100 U.S. 444, the action was replevin for cattle. A judgment was rendered in favor of the plaintiffs for the most of the cattle taken on the writ, but against them for $1,400, the value of some that were taken which did not belong to them. They brought the case here by writ of error, but the writ was dismissed on the ground that the matter in dispute was only the part of the cattle for which judgment had been rendered against the plaintiffs, the court remarking that 'the plaintiffs recovered everything else which they claimed, and the judgment against them is less than $5,000.'
In Lamar v. Micou, 104 U.S. 465, where the appeal was taken by a defendant from a decree against him for less than $5,000, it was held that if the set-off or counter-claim relied on would only have the effect of reducing the amount of the recovery, without entitling the defendant to a decree in his own favor, there was no jurisdiction. We understand that Wilson v. Daniel is overruled by Gordon v. Ogden, in which Chief Justice MARSHALL states the opinion of the court to be that 'the jurisdiction of the court depends upon the sum in dispute between the parties, as the case stands upon the writ of error,' and that Wilson v. Daniel was not followed because 'a contrary practice had since prevailed.' It is undoubtedly true that until it is in some way shown by the record that the sum demanded is not the matter in dispute, that sum will govern in all questions of jurisdiction, but it is equally true that when it is shown that the sum demanded is not the real matter in dispute, the sum shown, and not the sum demanded, will prevail. Lee v. Watson, 1 Wall. 337; Schacker v. Hartford Fire Ins. Co. 93 U.S. 241; Gray v. Blanchard, 97 U.S. 565; Tintsman v. National Bank, 100 U.S. 6; Banking Ass'n v. Insurance Ass'n, 102 U.S. 121. Under this rule it has always been assumed, since Cooke v. Woodrow, supra, that when a defendant brought a case here, the judgment or decree against him governed our jurisdiction, unless he had asked affirmative relief, which was denied; and this because, as to him, jurisdiction depended on the matter in dispute here. As the original demand against him was for more than our jurisdictional limit, and the recovery for less, the record shows that he was successful below as to a part of his defense, and that his object in bringing the case here was not to secure what he had already got, but to get more. As to him, therefore, the established rule is that, unless the additional amount asked for is as much as our jurisdiction requires, we cannot review the case.