Hannasch v. Hoyt
Supreme Court of Iowa
Appeal from Carroll District Court.— Hon. 'P. M. Powejjs, , J udge. Dependant Hoyt obtained a judgment before a justice of the peace against the plaintiff, Hannascb, upon two promissory notes, each of which gave a justice jurisdiction to an amount not exceeding $300. The notes were for. $52.18 each. Thereafter the judgment was transcripted to the district court-, and from that court an execution issued, which was levied upon plaintiff’s property.
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Appeal from Carroll District Court.— Hon. 'P. M. Powejjs, , J udge. Dependant Hoyt obtained a judgment before a justice of the peace against the plaintiff, Hannascb, upon two promissory notes, each of which gave a justice jurisdiction to an amount not exceeding $300. The notes were for. $52.18 each. Thereafter the judgment was transcripted to the district court-, and from that court an execution issued, which was levied upon plaintiff’s property. This is an action to annul the judgment, to set aside the execution, and to restrain the sale of the property, on the ground that the justice was…
1Opinion of the CourtDeeMer, J.
By statute a justice of the peace in this State has no jurisdiction of a civil action where the amount in controversy exceeds $100, unless by consent of the parties *233in writing, in wbicb event it may be extended to actions wherein the amount claimed is not more than $300. The action before the justice in the instant-case was upon two promissory notes, neither of which separately was for more than $100, but when combined they exceeded that amount. There was in each note a written consent that a justice might have jurisdiction thereon to an amount not exceeding $300. Unless this be the…
2Cases cited2 opinions
- Bankers' Iowa State Bank v. JordanSupreme Court of Iowa · 1900
- Carpenter v. ScottSupreme Court of Iowa · 1892
3Cited by2 opinions
- Reinking v. GoodellSupreme Court of Iowa · 1911
- Nauman v. NaumanSupreme Court of Iowa · 1908