Holmes v. Hull
Supreme Court of Iowa
Appeal from Fayette Circuit Court. On the 1st clay of September, 1876, the plaintiff filed in the Circuit Court his petition, alleging that a judgment had been rendered against him, in favor of the defendants, by a justice of the peace, on the 14th day of August, 1876, for the sum of $100 and $6.25 costs, which had been erroneously entered, and that the justice had no power or jurisdiction to render the same. ' A writ of error was prayed and issued.
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Appeal from Fayette Circuit Court. On the 1st clay of September, 1876, the plaintiff filed in the Circuit Court his petition, alleging that a judgment had been rendered against him, in favor of the defendants, by a justice of the peace, on the 14th day of August, 1876, for the sum of $100 and $6.25 costs, which had been erroneously entered, and that the justice had no power or jurisdiction to render the same. ' A writ of error was prayed and issued. Upon the justice filing his return thereto, a hearing was had, and the judgment of the justice affirmed, and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
I. The appellee insists that the amount in controversy is less than one hundred dollars, and as there is no certificate of the trial judge, as required in such cases by section 3173 of the Code, that this court must, as a matter of course, affirm the judgment below.
Counsel claims that the pleadings in the action before the justice must determine the amount in controversy. In this *178he errs. It Is the pleadings in this case that must determine the amount in controversy in this proceeding. This being true, there is no difficulty, because the judgment against the plaintiff, and which he claims was…
2Cases cited1 opinion
- Leonard v. HallemSupreme Court of Iowa · 1864
3Cited by8 opinions
- Griffin & Adams v. HarrimanSupreme Court of Iowa · 1888
- Yost v. GaddSupreme Court of Iowa · 1939
- Eclipse Lumber Co. v. City of WaukonSupreme Court of Iowa · 1927
- Hays v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1884
- Hickman v. HunterSupreme Court of Iowa · 1913
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