Schiele v. Thede
Supreme Court of Iowa
Appeal from Cedar District Court.— IioN. B. H. Miller,. Judge. ActioN to enjoin tbe levy of an execution issued out of tbe office of the clerk of the district court on a judgment of a justice of the peace in favor of defendant against plaintiff, a transcript of which has been filed in the office of §aid clerk. The case was tried on an agreed statement of facts, and a decree rendered for plaintiff, from which defendant appeals.—
1Opinion of the Court
McClain, J.—
The justice of the peace rendering the .judgment acquired jurisdiction of the case by change of venue from another justice, and when the case was reached for trial defendant not only denied the plaintiff’s cause of action, which was for $100, and therefore within the justice’s jurisdiction, but also interposed a counterclaim for $268, an amount in excess of the justice’s jurisdiction. Thereupon the defendant in that case moved the justice to transmit the cause to the district court on the ground that the amount in controversy, after the filing of the counterclaim, exceeded the…
2Cases cited3 opinions
- Perry v. KasparSupreme Court of Iowa · 1901
- City of Cedar Rapids v. RallSupreme Court of Iowa · 1902
- Rowley & Co. v. BaughSupreme Court of Iowa · 1871
3Cited by2 opinions
- McConkie v. LandtSupreme Court of Iowa · 1905
- Hensch v. MyersSupreme Court of Iowa · 1925