Hoppe v. Byers
Supreme Court of Iowa
Appeal from Lee Ovreuit (Jowt. This action was brought by the plaintiff against the defendant, Byers, before a justice of the peace, by attachment, upon a note for $88.75. Among- the property attached was one mule and a double harness. Judgment was rendered against the defendant for the debt and costs. But the intervenor, in proper time, filed his petition of intervention, claiming the mule and harness.
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Appeal from Lee Ovreuit (Jowt. This action was brought by the plaintiff against the defendant, Byers, before a justice of the peace, by attachment, upon a note for $88.75. Among- the property attached was one mule and a double harness. Judgment was rendered against the defendant for the debt and costs. But the intervenor, in proper time, filed his petition of intervention, claiming the mule and harness. Hpon a jury trial, the right to the possession of the property was found in the plaintiff. Jennings appealed to the Circuit Court, and there, it being admitted that the mule and harness were…
1Opinion of the CourtCole, J.
The ruling of the Circuit Court was correct, because the amount in controversy was the aggregate of the debt and costs, which is less than a hundred dollars, and not the value of the property, which exceeded that sum'. The plaintiff did not claim the mule and harness, but only the right to subject so much of the value of them as should be sufficient to satisfy his debt and costs. As to the excéss of value, there is .no controversy between these parties; the intervenor may take that, so far as any claim thereto by this plaintiff is concerned.
Affirmed.
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