Haven & Buck v. Baldwin
Supreme Court of Iowa
Appeal from the Potkmwta/mie District Court. The petition in this case, claims of defendant the sum of one hundred and sixty-one dollars and fifty-two cents. The cause of the claim, as set out, is a certain judgment rendered in favor of plaintiffs and against the defendant, in the district court of "Wappello county in this state, on the 11th day of February, 1850, for one hundred and fifty-eight dollars and thirty-three cents, and three dollars and nineteen cents costs.
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Appeal from the Potkmwta/mie District Court. The petition in this case, claims of defendant the sum of one hundred and sixty-one dollars and fifty-two cents. The cause of the claim, as set out, is a certain judgment rendered in favor of plaintiffs and against the defendant, in the district court of "Wappello county in this state, on the 11th day of February, 1850, for one hundred and fifty-eight dollars and thirty-three cents, and three dollars and nineteen cents costs. Plaintiff concludes his petition by averring, that an action has accrued to him to demand and have from the,,said defendant,…
1Opinion of the CourtWright, C. J.
That this judgment is for an amount greater than that to which plaintiffs are entitled, as claimed in their petition, we entertain no doubt. The amount claimed is one hundred and sixty-one dollars and fifty-two cents, while the judgment is for two hundred and twenty-seven dollars and forty-six cents. In addition to this, the affidavit states that there is still due thereon, the amount claimed in the petition. The defendant had a right to sup*505pose from these pleadings, that this was the amount of the plaintiffs’ demand, and for this amount, he may have been willing that plaintiff should take…
2Cases cited1 opinion
- Carnes v. CrandallSupreme Court of Iowa · 1856
3Cited by10 opinions
- Chader v. WilkinsSupreme Court of Iowa · 1939
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Hefferman v. BurtSupreme Court of Iowa · 1858
- Bud Hoard Co. v. F. Berg & Co.Supreme Court of Oklahoma · 1929
- Simpson v. Cochran & CherrieSupreme Court of Iowa · 1867
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