Sterner v. Wilson & Co.
Supreme Court of Iowa
Appeal from P.alo Alto Circuit Cou/rt This action was commenced before a justice of the peace. Plaintiff claimed $7.37 for labor performed and materials furnished for plastering a building. Defendants filed an answer in which they admitted $6.81 of plaintiff’s claim.
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Appeal from P.alo Alto Circuit Cou/rt This action was commenced before a justice of the peace. Plaintiff claimed $7.37 for labor performed and materials furnished for plastering a building. Defendants filed an answer in which they admitted $6.81 of plaintiff’s claim. They also pleaded a counter-claim, one item of which was for $55, as damages for the negligent and unskillful manner in which they alleged plaintiff had performed a certain job of work which he had contracted to do for them. Another item was for $6.94 on account of a judgment obtained by one Wilcox against plaintiff, which they…
1Opinion of the CourtReed, J.
The cause came into this court on the certificate of the circuit judge. The questions certified are whether the amount in controversy, in causes which have been appealed to the circuit court from justices of the peace, is to be determined solely from the pleadings in the cause, or whether the court may determine from the evidence introduced on the trial whether the amount in controversy between the parties exceeds $25. We are of the opinion that the question should be determined from the pleadings. Whenever one of the parties to a litigation has asserted a claim or demand in his pleadings…
2Cases cited2 opinions
- Curran v. Excelsior Coal Co.Supreme Court of Iowa · 1884
- Lundak v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1884
3Cited by3 opinions
- Kingsbury v. FranzNebraska Supreme Court · 1894
- Chicago & Northwestern Railway Co. v. WeaverSupreme Court of Iowa · 1900
- Henry v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905