Spiesberger Bros. v. Thomas
Supreme Court of Iowa
Appeal from Hardin Ci/rcmt Court. This action was brought before a justice of the peace to recover upon a promissory note. The amount called for by the note was $91.50, being the principal, $90, and the accrued interest, $1.50. The note also provided for an attorneys fee.
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Appeal from Hardin Ci/rcmt Court. This action was brought before a justice of the peace to recover upon a promissory note. The amount called for by the note was $91.50, being the principal, $90, and the accrued interest, $1.50. The note also provided for an attorneys fee. The court rendered judgment for the plaintiff for $91.50 as the amount of the note, and for cost taxed at $12.05, and allowed as a part of the costs an attorney’s fee of $9.15, being ten per cent of the amount allowed upon the note. The defendant removed the case by a writ of error to the Circuit Court, which confirmed the…
1Opinion of the Court
Ádams, J.
The case comes to us upon a certificate, and the questions certified are in substance as follows: whether upon the hearing of a writ of error the Circuit Court has the .right to inquire into the sufficiency of the evidence upon which the justice of the peace predicated his judgment; whether in determining the jurisdiction of the justice an attorney’s fee provided for is to be considered as a part of the amount in controversy, or treated as costs; and whether, under the statute, it is absolutely necessary, in order' to recover an attorney’s fee, that an affidavit should be filed.
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2Cited by8 opinions
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- Shenandoah National Bank v. MarshSupreme Court of Iowa · 1893
- Swofford v. Cornucopia Mines of OregonU.S. Circuit Court for the District of Oregon · 1905
- Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc.Supreme Court of Iowa · 2016
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