Buckland v. Shephard & Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. The plaintiff commenced suit in justice’s court to recover seventy-five dollars, balance due for corn. The defendants admitted $63.99 due to plaintiff, and pleaded a counter-claim for $111.15. The plaintiff not appearing, the justice entered judgment dismissing his cause of action, and rendering judgment in favor of defendants for $24.44, from which the plaintiff appeals to the district court.
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Appeal from Woodbury District Court. — Hon. George W. Wakefield, Judge. The plaintiff commenced suit in justice’s court to recover seventy-five dollars, balance due for corn. The defendants admitted $63.99 due to plaintiff, and pleaded a counter-claim for $111.15. The plaintiff not appearing, the justice entered judgment dismissing his cause of action, and rendering judgment in favor of defendants for $24.44, from which the plaintiff appeals to the district court. Afterwards the plaintiff commenced suit before a justice of the peace, claiming eighty-five dollars as the balance due him for…
1Opinion of the CourtGiven, C. J.
Appellee contends that this court has no jurisdiction to entertain this appeal, for the reason that the amount in controversy, as shown by the pleadings, does not amount to One hundred dollars, and there being no certificate of the trial judge. The consolidation of the two cases from the justice’s court and the filing of pleadings in the district court having been by consent, we consider the case the same as if originally brought in the district court. Code, section 3173, relating to appeals to this court, provides: “But no appeal shall be taken in any cause in which the amount in controversy…
2Cases cited4 opinions
- Ormsby Bros. v. NolanSupreme Court of Iowa · 1886
- Madison v. SpitsnogleSupreme Court of Iowa · 1882
- Alsip Bros. v. Hard, Pearson, Cliye & Co.Supreme Court of Iowa · 1874
- City of Centerville v. DrakeSupreme Court of Iowa · 1882
3Cited by2 opinions
- Farnsworth v. CrabbSupreme Court of Iowa · 1916
- Davis v. RobinsonSupreme Court of Iowa · 1925