Cooper v. Dillon
Supreme Court of Iowa
Appeal from Hardin Oi/reuit Court. This is an action involving the obligation of the defendants to erect and maintain a partition fence on the line between lands owned by the respective parties.
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Appeal from Hardin Oi/reuit Court. This is an action involving the obligation of the defendants to erect and maintain a partition fence on the line between lands owned by the respective parties. It appears that, a controversy having arisen as to the obligation to erect the 'fence,* the plaintiff applied to the township trustees, who met and determined that the fence should be built, and assigned to each party his portion thereof, and fixed a time within which the same should be erected. The defendants neglected to build the portion assigned to them, and after the time fixed by the trustees…
1Opinion of the CourtRoturock, J.
l. appeal: amount in controversy: how determined. -Counsel for appellee claims that this court has no jurisdiction of the appeal because the amount in controversy as shown by the pleadings does not ex- . . . . _ ceed one hundred dollars, and there is no certificate of the trial judge as required by section 3173 of the Code.
No cross-claim was filed by the defendants, and the amount in controversy, as shown upon the face of the petition, must determine the question. It appears from the petition that the trustees assessed the value of the fence in controversy at $40, and that their fees amounted…
2Cited by6 opinions
- Thompson v. JacksonSupreme Court of Iowa · 1895
- Bacon v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Inc. Town of Central City v. TreatSupreme Court of Iowa · 1897
- Farnsworth v. CrabbSupreme Court of Iowa · 1916
- Hiatt v. NelsonSupreme Court of Iowa · 1896
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