Evans v. Murphy
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. Suit to enjoin the enforcement of and to cancel a judgment rendered in the justice court of D. S. Barber, Esq., for the sum.of $99.99, September 6, 1904, in favor of W. F. Murphy, executor, against Larkin Evans, on the grounds of fraud practiced by plaintiff in procuring it, and for that the original notice was not served, and, if served, demanded judgment for an amount in excess of the court’s jurisdiction.
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Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. Suit to enjoin the enforcement of and to cancel a judgment rendered in the justice court of D. S. Barber, Esq., for the sum.of $99.99, September 6, 1904, in favor of W. F. Murphy, executor, against Larkin Evans, on the grounds of fraud practiced by plaintiff in procuring it, and for that the original notice was not served, and, if served, demanded judgment for an amount in excess of the court’s jurisdiction. The notice, properly addressed and duly signed, was in words following: “Sir: You are hereby notified that W. F. Murphy,…
1Opinion of the Court
Ladd, J.—
In the absence of a written agreement conferring it, a justice of the peace is without jurisdiction where the amount in controversy exceeds $100. Section 1, article 2, Const. Iowa; section 4477, Code. The amount claimed, not that alleged to be due, or for which judgment is entered, is the criterion by which to determine whether the justice has jurisdiction. Stone v. Murphy, 2 Iowa, 35; McVey v. Johnson, 75 Iowa, 165. Pleadings in justice’s court may be in writing or oral. If in writing the petition is controlling in fixing the amount claimed. Moran v. Murphy, 49 Iowa, 68. If oral,…
2Cases cited5 opinions
- Stone v. MurphySupreme Court of Iowa · 1855
- Gillett v. RichardsSupreme Court of Iowa · 1877
- Galley v. County of TamaSupreme Court of Iowa · 1874
- McVey v. JohnsonSupreme Court of Iowa · 1888
- Moran v. MurphySupreme Court of Iowa · 1878
3Cited by2 opinions
- Bud Hoard Co. v. F. Berg & Co.Supreme Court of Oklahoma · 1929
- Nauman v. NaumanSupreme Court of Iowa · 1908