Alsip Bros. v. Hard, Pearson, Cliye & Co.
Supreme Court of Iowa
Appeal. Where plaintiff claimed to recover an amount exceeding $100, which defendants admitted to be due, and at the same time pleaded a counter-claim of $100: Held, that the counter-claim was the amount in controversy; and that no appeal would lie without the certificate of the trial judge. Appeal fvom Winneshiek Circuit Court.
1Per curiam
— The plaintiffs brought this action to recover of defendants a balance due for work and labor performed, and materials furnished, in the erection of a foundry in the town of Decorah, Iowa. The amount claimed is $324.40.
This claim of the plaintiffs is not controverted, but expressly admitted by the defendants, who plead a counter-claim of $100.00, which they ask to have allowed as a credit on the claim of the plaintiffs. The court, on the trial of the cause, allowed defendants the sum of sixty-two dollars on their counter-claim, and rendered judgment for plaintiffs for the balance due.
There…
2Cited by3 opinions
- Benttine v. Jenkins Truck Lines, Inc.Supreme Court of Iowa · 1970
- Madison v. SpitsnogleSupreme Court of Iowa · 1882
- Buckland v. Shephard & Co.Supreme Court of Iowa · 1889