Legal Opinion · Dissent

Montgomery Ward, Inc. v. Davis

Supreme Court of Iowa

Decided January 14, 1987No. 85-1147Published

1DissentHarris, Justice

I cannot agree that the amount in controversy on this appeal is $3000 or more. Iowa rule of appellate procedure 3 requires that “no appeal shall be taken in any case, not originally tried as a small claim, where the amount in controversy, as shown by the pleadings, is less than three thousand dol-lars_” Iowa R.App.P. 3. The plaintiff’s petition sought only $1596.61. As we have previously held, the amount of a plaintiff’s claim may not be aggregated with a defendant’s counterclaim in an attempt to meet our jurisdictional amount requirement, if neither alone is sufficient to confer…

2Cases cited5 opinions

  1. Northwest Bank & Trust Co. v. GutshallSupreme Court of Iowa · 1979
  2. IPALCO Employees Credit Union v. CulverSupreme Court of Iowa · 1981
  3. Bridal Publications, Inc. v. RichardsonSupreme Court of Iowa · 1975
  4. Benttine v. Jenkins Truck Lines, Inc.Supreme Court of Iowa · 1970
  5. Liberty Loan Corporation of Dubuque v. FassbinderSupreme Court of Iowa · 1970

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