Moran v. Murphy
Supreme Court of Iowa
Appeal from Delaware District Court. The action was brought before a justice of the peace, on an indemnifying bond. The question is as to the jurisdiction of the justice. A petition was filed, in which the amount claimed is precisely one hundred dollars.
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Appeal from Delaware District Court. The action was brought before a justice of the peace, on an indemnifying bond. The question is as to the jurisdiction of the justice. A petition was filed, in which the amount claimed is precisely one hundred dollars. The notice also states that the plaintiff claims one hundred dollars, but it concludes with the statement that, unless the defendants appear and make defense, judgment will be rendered “for the whole amount, with interest -and costs.” The defendants filed a motion to dismiss, on the ground that the amount claimed was more than one hundred…
1Opinion of the CourtAdams, J.
1. jurisdiction: justice of the peace, The Code expressly provides that the pleadings in an action before a justice of the peace may be written. Section 3530. The same section also provides that the pleadings shall be substantially the same as in the Circuit Court. The amount, then, claimed in the petition must be considered the amount in controversy; judgment could not be rendered for more. The notice showed the amount claimed in the petition. It was precisely one hundred dollars. It appeared, then, both from the petition and notice that the justice had jurisdiction. The statement in the…
2Cases cited1 opinion
- Galley v. County of TamaSupreme Court of Iowa · 1874
3Cited by1 opinion
- Evans v. MurphySupreme Court of Iowa · 1907