Interstate Townsite Co. v. Zimmerman

The opinion of the court was delivered by

Porter, J.:

This action was commenced in the court of Topeka to recover $24 on a promissory note for $178, payable in monthly installments of $4 each. The action was appealed to the district court where judgment was given in plaintiff’s favor for $26.16. The defendant appeals.

1. There is a motion to dismiss the appeal on the ground that the amount in controversy is less than $100, exclusive of costs. (Civ. Code, § 566.) The defendant claims the case falls within the principle of Green v. Annuity Association, 90 Kan. 523, 135 Pac. 586, where the…