128 U.S. 391

9 S.Ct. 112

32 L.Ed. 484

COGSWELL et al.v.

FORDYCE.

November 19, 1888.

S. Shellabarger, J. M. Wilson, and Casey Young, for plaintiffs in error.

Mr. Justice HARLAN, after stating the facts in the foregoing language,delivered the opinion of the court.

1 This court cannot take cognizance of this case. The matter in dispute, exclusiveof costs, does not exceed the sum or value of $5,000. Rev. St. §§ 690, 691; Actof Feb. 16, 1875, c. 77, §§ 3, 4, 18 St. 315; Supp. Rev. St. 136. It was, perhaps,supposed that out jurisdiction could be sustained under the fourth subdivisionof section 699 of the Revised Statutes, providing that this court may, withoutregard to the sum or value in dispute, review any final judgment at law or finaldecree in equity of any circuit court, or of any district court acting as a circuitcourt, 'in any case brought on account of the deprivation of any right, privilege,or immunity secured by the constitution of the United States, or of any right orprivilege of a citizen of the United States.' But an action upon a bond given tosupersede a judgment or decree of a court of the United States cannot properlybe said to have been brought on any such account. The mere failure or refusalof the obligors in such a bond to comply with its terms is not, within themeaning of the statute referred to, a 'deprivation' of a right secured to theobligee by the constitution of the United States, or of any right or privilegebelonging to him, as a citizen of the United States. See Bowman v. RailwayCo., 115 U. S. 611, 615, 6 Sup. Ct. Rep. 192. The writ of error is dismissed.