Fox v. Duncan
Supreme Court of Iowa
Appeal from Adair Ci/rcuit Court. Action in attachment upon two promissory notes. The defendant admitted the execution of the notes, but pleaded, by way of counter-claim, damages for breach of warranty in the sale of a horse, and for wrongfully suing out the attachment and expenses incurred in defending against the same. He asked judgment for $57, and costs.
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Appeal from Adair Ci/rcuit Court. Action in attachment upon two promissory notes. The defendant admitted the execution of the notes, but pleaded, by way of counter-claim, damages for breach of warranty in the sale of a horse, and for wrongfully suing out the attachment and expenses incurred in defending against the same. He asked judgment for $57, and costs. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff for $1.37 damages, and $80.25 costs. The jury having found that the attachment was wrongfully sued out, the court rendered judgment against the…
1Opinion of the CourtAdams, J.
The defendant insists that this court has no juisdiction upon either appeal,'because the amount in controversy is less than $100, and no question of law is certified as required by Sec. 3173 of the Code.
The amount for which a recovery is claimed by the plaint*322iff is about $70. The amount for which a recovery is claimed by defendant is $57. In the absence of a certificate, this court has no jurisdiction, unless the amount in controversy exceeds $100, as shown by the pleadings. The amount in controversy does not exceed $100, as shown by the pleadings, unless we .can say that the amount in…
2Cases cited1 opinion
- Madison v. SpitsnogleSupreme Court of Iowa · 1882
3Cited by1 opinion
- Morrow v. BellSupreme Court of Iowa · 1915