Chesmore v. Barker
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. William G. Thompson, Judge. Plaintiff commenced this action before H. M. Sheldon, mayor of the town of Coggon, to recover seventy-seven dollars and fifty cents rent alleged to be due. An attachment was sued out, and certain corn, threshing machine, and other property of the defendant’s taken and held thereunder.
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Appeal from Linn District Court. — Hon. William G. Thompson, Judge. Plaintiff commenced this action before H. M. Sheldon, mayor of the town of Coggon, to recover seventy-seven dollars and fifty cents rent alleged to be due. An attachment was sued out, and certain corn, threshing machine, and other property of the defendant’s taken and held thereunder. Defendant answered, denying that there was any rent due to the plaintiff, and setting up a counter-claim for damages for breach of contract, two hundred and fifty dollars, and for wrongfully suing out said attachment, for thirty dollars.…
1Opinion of the CourtGiven, J.
*5781 *577I. Plaintiff’s motion to strike the counter-claim was upon the following grounds: “That this court acquires jurisdiction to hear and try this cause by appeal, and by appeal only, and has no original jurisdiction whatever,- but must try and determine *578said cause upon said appeal made from the issues made in the lower court on matters of which the lower court had jurisdiction, and upon none other; and it appears upon the face of said counter-claim that the same, and the prayer thereof, and the relief asked therein for the same, exceeded the jurisdiction of said justice of the peace, and was a…
2Cases cited1 opinion
- Schlisman v. WebberSupreme Court of Iowa · 1884
3Cited by3 opinions
- Jonas v. WeiresSupreme Court of Iowa · 1907
- Hopkins Fine Stock Co. v. ReidSupreme Court of Iowa · 1898
- Nauman v. NaumanSupreme Court of Iowa · 1908