Curran v. Excelsior Coal Co.
Supreme Court of Iowa
Appeal from, Mahaska Circuit Court. The plaintiff brought suit before a justice of the peace, and recovered judgment by default against defendant for $20 debt, and $7.80 costs. The defendant appealed to the circuit court. The plaintiff filed a motion to dismiss the appeal, for the reason that the amount in controversy did not exceed $25. This motion was overruled by the circuit court, and from this order plaintiff appeals.
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Appeal from, Mahaska Circuit Court. The plaintiff brought suit before a justice of the peace, and recovered judgment by default against defendant for $20 debt, and $7.80 costs. The defendant appealed to the circuit court. The plaintiff filed a motion to dismiss the appeal, for the reason that the amount in controversy did not exceed $25. This motion was overruled by the circuit court, and from this order plaintiff appeals. No final judgment has been entered in the circuit court, but the trial judge has certified that the cause involves a question of law upon which it is desirable to have the…
1Opinion of the CourtReed, J.
1. APPEAL to supreme court: from ruling determining jurisdiction of trial court. I. The point is urged by appellee that an appeal will not lie from the order of the circuit court before a final judgment is rendered in the case by that court, The objection made by the motion to dismiss the appeal is, that the circuit court has no jurisdiction of the case. If that court had sustained the motion, its order would have been a final disposition of the case. If the circuit judge had given the necessary certificate, the defendant certainly could have appealed from such order. The order would have…
2Cases cited1 opinion
- Burnham v. ThompsonSupreme Court of Iowa · 1872
3Cited by10 opinions
- Studabaker v. MarkleyIndiana Court of Appeals · 1893
- Lamb v. RossSupreme Court of Iowa · 1892
- Hudson v. Smith Bros.Supreme Court of Iowa · 1900
- Farley v. GeishekerSupreme Court of Iowa · 1889
- Beach v. DonovanSupreme Court of Iowa · 1888
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