Stone v. Murphy
Supreme Court of Iowa
Appeal from, the Pottawatomie District Court. It appears that Stone had aclaim against one McNulty, for one hundred dollars, for professional services rendered as an attorney. To secure this, the said McNulty gave Stone a bond, in the penalty of three hundred dollars, with the defendant and another, as his sureties. The plaintiff sued upon this bond before a justice of the peace, claiming one hundred dollars. None of the defendants were served, except the said Murphy.
Read the full summary
Appeal from, the Pottawatomie District Court. It appears that Stone had aclaim against one McNulty, for one hundred dollars, for professional services rendered as an attorney. To secure this, the said McNulty gave Stone a bond, in the penalty of three hundred dollars, with the defendant and another, as his sureties. The plaintiff sued upon this bond before a justice of the peace, claiming one hundred dollars. None of the defendants were served, except the said Murphy. While the justice’s transcript is not very clear, in this respect, yet it sufficiently appears, that Stone filed with the…
1Opinion of the CourtWright, C. J.
The first error complained of by tbe defendant, in'his affidavit, which was the basis of the proceeding for the writ of error, was, that the suit being on a bond for three hundred dollars, the justice had no jurisdiction. The plaintiff claimed, however, only one hundred dollars. The amount claimed is the criterion of jurisdiction, and not the amount that may appear to be due or owing on the instrument declared upon..
Again; the affidavit alleges, that there was no breach of tbe conditions of the bond averred by plaintiff, and that none of the conditions bad been violated. By the Code, the…
2Cited by13 opinions
- Todd & Smith v. GatesWest Virginia Supreme Court · 1882
- Adams v. Nebraska Savings & Exchange BankNebraska Supreme Court · 1898
- A. Wedgewood & Co. v. ParrSupreme Court of Iowa · 1900
- Lane & Wilson v. GoldsmithSupreme Court of Iowa · 1867
- Filbert v. DeanSupreme Court of Iowa · 1924
8 more not listed; retrieve them via the Exa API.