McVey v. Johnson
Supreme Court of Iowa
Appeal from Keokuk 'District Court. — Hon. J. K. Johnson, Judge. This action was brought in justice’s court. In the original notice plaintiff claimed ninety-nine dollars as debt and damages. On the day of trial he filed a petition, in which he claimed several items of damages for alleged breaches of a lease of real estate; also a number of items for work and labor.
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Appeal from Keokuk 'District Court. — Hon. J. K. Johnson, Judge. This action was brought in justice’s court. In the original notice plaintiff claimed ninety-nine dollars as debt and damages. On the day of trial he filed a petition, in which he claimed several items of damages for alleged breaches of a lease of real estate; also a number of items for work and labor. The aggregate of all the items was $124.83, but it was alleged that plaintiff remitted all of the claim except ninety-nine dollars. This remittitur, however, was general, and did not apply to any particular items. Plaintiff…
1Opinion of the CourtReed, J.
1. justice’s dictum: amount. — I. The petition, it will be observed, alleged that the sum actually due plaintiff is in excess of one hundred dollars, but the amount sought to be recovered is less than that. Thequestion of jurisdiction depends upon whether the amount in controversy is determined by the allegation as to the sum actually due, or that “sought to be recovered. We think the latter amount determined the question. The amount claimed necessarily limits the amount of the recovery. If one sues in a court of competent jurisdiction to recover damages for the loss of a horse, alleging its…
2Cases cited1 opinion
- Long v. LoughranSupreme Court of Iowa · 1875
3Cited by5 opinions
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