Breidert v. Krueger

This action oi’iginated before a justice of the peace. It is apparent from the averments in the body of the complaint, that the amount actually in controversy is fifty dollars, and no more. The measure of recovery is fixed by the written instrument upon which the complaint is founded, and it can be readily seen from an inspection of the instrument and a consideration of the facts stated, that in no event could the recovery have exceeded the sum named. In the conclusion of the complaint, appellant demands judgment for seventy-five dollars.

The appellee in a very elaborate brief insists, that,…