Milner v. Gross
Supreme Court of Iowa
Appeal from Hardin Circuit Court. Action commenced before a justice of tbe peace to recover $35 for tbe services of an attorney at law. An appeal to the circuit court was taken by tbe defendant, and was dismissed on tbe ground that tbe amount in controvery was less tlian $25.. Defendant now appeals to this court.
1Opinion of the Court
Beck, Ch. J.
I. The amount in controvery being less than $100, the case comes here upon a certificate of the judge of the circuit court, stating the question of law which is thought desirable for the court to decide. The question is this: A judgment was rendered by a justice for $35; on the same day the plaintiff remitted all thereof in excess of $24.99; the next day defendant appealed; is the amount in controversy less than $25?
The statute provides that from a justice of the peace “no appeal shall be allowed in any case where the amount in controversy does not exceed twenty-five dollars.”…
2Cases cited1 opinion
- Young v. McWaidSupreme Court of Iowa · 1881
3Cited by9 opinions
- Schmidt v. CarpenterSouth Dakota Supreme Court · 1911
- Bateman v. SissonSupreme Court of Iowa · 1886
- Knox v. NicoliSupreme Court of Iowa · 1896
- Vorwald v. MarshallSupreme Court of Iowa · 1887
- Wilson v. Hawkeye InsuranceSupreme Court of Iowa · 1888
4 more not listed; retrieve them via the Exa API.